Morales v. County of Nassau

OPINION OF THE COURT

Ciparick, J.

This case raises two questions under CPLR article 16, which in certain circumstances limits a tortfeasor’s joint liability. First, does plaintiff’s failure to plead statutory exemptions to article 16 prevent this Court from reviewing their applicability? We conclude that it does. Second, does the public policy favoring enforcement of orders of protection override article 16? We conclude that it does not. The Legislature has explicitly provided a list of exemptions in article 16, none relating to domestic violence or orders of protection. A policy decision to…