New York Civil Practice
Law & Rules

NYCPLR, Article 14

CONTRIBUTION

                              
Section 
        1401. Claim for contribution.
        1402. Amount of contribution.
        1403. How contribution claimed.
        1404. Rights of persons entitled to damages not affected; Rights
                of indemnity or subrogation preserved.

  S 1401. Claim for contribution.  Except as provided in sections 15-108
and 18-201 of the general obligations law, sections eleven and
twenty-nine of the workers` compensation law, or the workers`
compensation law of any other state or the federal government, two or
more persons who are subject to liability for damages for the same
personal injury, injury to property or wrongful death, may claim
contribution among them whether or not an action has been brought or a
judgment has been rendered against the person from whom contribution is
sought.

  S 1402. Amount of contribution. The amount of contribution to which a
person is entitled shall be the excess paid by him over and above his
equitable share of the judgment recovered by the injured party; but no
person shall be required to contribute an amount greater than his
equitable share. The equitable shares shall be determined in accordance
with the relative culpability of each person liable for contribution.

  S 1403. How contribution claimed. A cause of action for contribution
may be asserted in a separate action or by cross-claim, counterclaim or
third-party claim in a pending action.

  S 1404. Rights of persons entitled to damages not affected; Rights of
indemnity or subrogation preserved. (a) Nothing contained in this
article shall impair the rights of any person entitled to damages under
existing law.
  (b) Nothing contained in this article shall impair any right of
indemnity or subrogation under existing law.

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