Faragiano v. Town of Concord

—Order unanimously affirmed without costs. Memorandum: Defendant Town of Concord (Town) appeals from an order of Supreme Court that, inter alia, denied its cross motion for partial summary judgment on its affirmative defense under CPLR article 16. CPLR 1601 (1) provides in pertinent part that, when the liability of a defendant in a personal injury action is 50% or less of the total liability assigned to all persons liable, the liability of that defendant for noneconomic loss “shall not exceed that defendant’s equitable share.” CPLR 1602 (2) (iv) provides in pertinent part that the limitations…