# Joint and several liability rule · New York — Comparative fault system and joint and several liability rules by state

For Joint and several liability rule · New York, state is New York; rule type is Joint and several liability rule; joint liability fault threshold is 50% or less; statutory citation is Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 §§ 1600 — 1603, recorded from its source on 2026-08-31.

- **State:** New York _(our reading, not quoted from the source)_
- **Rule type:** Joint and several liability rule _(our reading, not quoted from the source)_
- **Joint liability rule:** For non-economic damages. Defendants are responsible only for their proportionate share of negligence if they are found to be 50% or less liable. Defendants can be held jointly and severally liable for economic damages. _(verified: appears in the quote below)_
- **Joint liability fault threshold:** 50% or less _(verified: appears in the quote below)_
- **Statutory citation:** Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 §§ 1600 — 1603. _(verified: appears in the quote below)_

## What the source says

> Yes. For non-economic damages. Defendants are responsible only for their proportionate share of negligence if they are found to be 50% or less liable. Defendants can be held jointly and severally liable for economic damages. Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 §§ 1600 — 1603.

## Source

- https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Comparative fault system and joint and several liability rules by state](https://referencesource.org/state-comparative-fault-joint-liability-rules/).