Legal Opinion
Rangolan v. County of Nassau
New York Court of Appeals
Decided March 29, 2001PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
Under CPLR article 16, a defendant may apportion its liability for noneconomic damages among other tortfeasors provided that it is 50% or less at fault (CPLR 1601 [1]). The issue before us, as certified, by the United States Court of Appeals for the Second Circuit, is whether CPLR 1602 (2) (iv) precludes apportionment where a defendant’s liability arises from a breach of a non-delegable duty. We hold that CPLR 1602 (2) (iv) is not an exception to apportionment under CPLR article 16, but a savings provision that preserves the principles of vicarious liability.
Pla…
2Cases cited10 opinions
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Kleeman v. RheingoldNew York Court of Appeals · 1993
- Albano v. KirbyNew York Court of Appeals · 1975
- Morales v. County of NassauNew York Court of Appeals · 1999
- Cole v. Mandell Food Stores, Inc.New York Court of Appeals · 1999
5 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- State v. RizzoSupreme Court of Connecticut · 2011
- MATTER OF ORENS v. NovelloNew York Court of Appeals · 2002
- Chianese v. MeierNew York Court of Appeals · 2002
- Lubecki v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Frank v. Meadowlakes Development Corp.New York Court of Appeals · 2006
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