Liability of joint tortfeasors.

Practice point: CPLR 1601(1) provides that a joint tortfeasor whose culpability is 50% or less is not jointly liable for all of a plaintiff's non-economic loss but is severally liable for its proportionate share.

Student note: Under the statute, the trier of fact must consider the relative culpable conduct of a nonparty in apportioning culpability, unless the plaintiff proves that, with due diligence, he was unable to obtain jurisdiction over the nonparty.

Case: Belmer v. HHM Assoc., Inc., 08779 (1st Dept. 2012).

Here is the decision.

Monday’s issue: Promissory notes and summary judgment in lieu of a complaint.