Legal Opinion
Carol Artibee v. Home Place Corporation
New York Court of Appeals
Decided February 14, 2017No. 5PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Stein, J.
This appeal presents us with the question of whether the factfinder in Supreme Court may apportion fault to the State under CPLR 1601 (1) when a plaintiff claims that both the State and a private party are liable for noneconomic losses in a personal injury action. We conclude that such apportionment is not permitted and, therefore, reverse.
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Plaintiff Carol Artibee and her spouse, derivatively, commenced this action in Supreme Court to recover for injuries that plaintiff sustained while traveling on a state highway when a large branch broke off a tree bordering the…
2Cases cited18 opinions
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Riley v. County of BroomeNew York Court of Appeals · 2000
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ambac Assurance Corp. v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Matzell v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of State of New York v. David B.Appellate Division of the Supreme Court of the State of New York · 2017
- de Blasio v. New York City Conflict of Interest Bd.New York Supreme Court, New York County · 2025
- New York State Pub. Empl. Relations Bd. v. New York City Off. of Collective BargainingNew York Supreme Court, New York County · 2025
12 more not listed; retrieve them via the Exa API.