Salamone v. Wincaf Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.
Under the common-law rule of joint and several liability, where the acts of several tortfeasors coincide to cause injury to a plaintiff, any one of those tortfeasors may be held liable for the entire amount of damages, no matter how small that tortfeasor’s proportionate share of the fault (see Sommer v Federal Signal Corp., 79 NY2d 540, 556 [1992]). In 1986, the Legislature, acting out of a concern to “remedy the inequities created by joint and several liability on low-fault, ‘deep pocket’ defendants” (Rangolan v County of Nassau, 96 NY2d 42, 46 [2001]),…
2Cases cited16 opinions
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
- Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Frank v. Meadowlakes Development Corp.New York Court of Appeals · 2006
- Johnson v. Societe Generale S.A.Appellate Division of the Supreme Court of the State of New York · 2012
- In re VerdeschiAppellate Division of the Supreme Court of the State of New York · 2009
- Mora v. MoraAppellate Division of the Supreme Court of the State of New York · 2007
- Rowley v. AmrheinAppellate Division of the Supreme Court of the State of New York · 2009
8 more not listed; retrieve them via the Exa API.