Legal Opinion

Salamone v. Wincaf Properties, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 2004PublishedCited by 13 opinions

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

  1. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  2. Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
  3. Herpe v. . HerpeNew York Court of Appeals · 1919
  4. Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
  5. 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

  1. Frank v. Meadowlakes Development Corp.New York Court of Appeals · 2006
  2. Johnson v. Societe Generale S.A.Appellate Division of the Supreme Court of the State of New York · 2012
  3. In re VerdeschiAppellate Division of the Supreme Court of the State of New York · 2009
  4. Mora v. MoraAppellate Division of the Supreme Court of the State of New York · 2007
  5. 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.

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