Opinion
February 14, 1995
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
CPLR article 16 does not limit defendant's liability to the 35% share apportioned against its insured in the underlying action, where, although the claim against defendant's insured was asserted by an amended complaint after the effective date of article 16, the commencement of the action against other defendants preceded such date (see, Noble v. Ambrosio, 151 Misc.2d 276, 282). To hold otherwise would in certain cases lead to the disparate application of both CPLR article 16 and joint and several liability in the same action. We have considered defendant's other contentions and find them to be without merit.
Concur — Murphy, P.J., Rosenberger, Nardelli and Williams, JJ.