New York Law (NYLE) Practice Exam

What does Article 16 of the CPLR state regarding joint and several liability?

1. Defendants cannot plead negligence of parties not in the suit

2. The plaintiff is responsible for proving all parties' negligence

3. Allows defendants to plead negligence of non-joined parties only if the plaintiff could have sued them

4. Only limits liability to the amount of the judgement

The correct answer is: Allows defendants to plead negligence of non-joined parties only if the plaintiff could have sued them

Article 16 of the Civil Practice Law and Rules (CPLR) addresses the issue of joint and several liability, particularly in relation to how defendants can assert the negligence of non-joined parties. The correct answer highlights that defendants are permitted to plead the negligence of parties that are not part of the lawsuit, but only under certain conditions. Specifically, this provision allows defendants to do so if the plaintiff had the opportunity to include those non-joined parties in the lawsuit. This framework recognizes the fairness of allowing defendants to point out additional contributing factors to the alleged negligence, ensuring that liability can be accurately assessed. It helps clarify the responsibilities among those who may be at fault, thereby promoting a more equitable resolution of cases that involve multiple parties or potential sources of liability. The focus is on the plaintiff's possible avenues for further legal recourse, emphasizing the need for a comprehensive understanding of all contributing factors in determining negligence and liability.