Article 16 of the CPLR—Joint and Several Liability. Just the mention of it can send shivers down the spine to the most experienced trial attorney. What is in essence a simple concept, can often get overly convoluted and confusing.
For many years, it has been the common understanding that Article 16 would not apply in situations where an entity who is liable purely on a vicarious or statutory nature seeks to pass through that liability to the actively negligent party. In such situations, the old adage, “in for a penny, in for a pound” applied.