Legal Opinion
Frank v. Meadowlakes Development Corp.
New York Court of Appeals
Decided March 30, 2006PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
The issue here is whether a tortfeasor whose liability is determined to be 50% or less can be found responsible for total indemnification of noneconomic loss despite CPLR article 16. * We hold that a third-party defendant found to have only one ninth of the tortfeasors’ total fault should be responsible for one ninth of the noneconomic loss. The order of the Appellate Division should, therefore, be reversed and remitted to Supreme Court for further proceedings to calculate the portion of the settlement properly allocated to noneconomic loss.
On April 12, 1991,…
2Cases cited4 opinions
- Rangolan v. County of NassauNew York Court of Appeals · 2001
- Gillmore v. DanielAppellate Division of the Supreme Court of the State of New York · 1995
- Salamone v. Wincaf Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Frank v. Meadowlakes Development Corp.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by31 opinions
- General Star National Insurance v. Universal Fabricators, Inc.Court of Appeals for the Second Circuit · 2009
- Kamchi v. WeissmanAppellate Division of the Supreme Court of the State of New York · 2014
- New York State Psychiatric Ass'n v. New York State Department of HealthNew York Court of Appeals · 2012
- Cunha v. City of New YorkNew York Court of Appeals · 2009
- Johnson v. Societe Generale S.A.Appellate Division of the Supreme Court of the State of New York · 2012
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