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.
§ 1401.Claim for contribution
Article 14. Contribution · Last amended 1996 · Last verified July 21, 2026
In one sentenceCPLR 1401 lets two or more people who are each liable for the same personal injury, property damage, or wrongful death claim contribution from one another, regardless of whether a lawsuit has been filed or a judgment already entered.
Full Text of CPLR 1401
Plain-English Summary
When more than one person's conduct causes the same injury, it isn't always fair for whichever defendant the plaintiff happened to sue -- or happened to have money -- to pay the entire judgment alone. CPLR 1401 gives that defendant a right to make the others who share responsibility pay their part. The right runs among persons who are subject to liability, so a party doesn't need to be a defendant already, and a judgment doesn't need to exist yet, before a contribution claim can be made.
The right isn't unlimited. The statute carves out claims governed by General Obligations Law 15-108 (which deals with the effect of a settlement on non-settling defendants) and 18-201, along with claims controlled by the workers' compensation law, whether New York's, another state's, or the federal government's. Those bodies of law set their own rules for when and how contribution works, and CPLR 1401 defers to them rather than overriding them.
This section is the foundation for the rest of Article 14: it creates the underlying right, while CPLR 1402 fixes how much a person owes, and CPLR 1403 explains how a party asserts the claim in court.
Frequently Asked Questions
What is contribution among joint tortfeasors in New York?
It's the right, created by CPLR 1401, of a person liable for an injury to recover from others who share responsibility for that same injury, so that no one person bears more than a fair share of the loss.
Does a contribution claim under CPLR 1401 require an existing lawsuit?
No. The statute allows a claim for contribution whether or not an action has already been brought or a judgment has already been entered against the person being asked to contribute.
Does CPLR 1401 apply to property damage and wrongful death, or only personal injury?
All three. The right to contribution covers damages for personal injury, injury to property, and wrongful death.
What claims are excluded from CPLR 1401 contribution?
Claims governed by General Obligations Law 15-108 and 18-201, and claims controlled by the workers' compensation law of New York, another state, or the federal government, follow their own rules instead of CPLR 1401.
Who can be sued for contribution under CPLR 1401?
Anyone who is subject to liability for the same personal injury, property damage, or wrongful death as the party seeking contribution, even if that person was never named as a defendant in the original suit.
Amendment History
Add, L 1974, ch 742; amd, L 1996, ch 635, § 4, eff Sept 10, 1996.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: contribution among joint tortfeasors New YorkNew York contribution claimCPLR 1401 contributionjoint tortfeasor liability New Yorkclaim for contribution New York