The amount of contribution to which a person is entitled shall be the excess paid by him over and above his equitable share of the judgment recovered by the injured party; but no person shall be required to contribute an amount greater than his equitable share. The equitable shares shall be determined in accordance with the relative culpability of each person liable for contribution.
§ 1402.Amount of contribution
Article 14. Contribution · Last amended 1974 · Last verified July 21, 2026
In one sentenceCPLR 1402 sets the measure of a contribution claim at the paying party's equitable share of the judgment, based on each liable person's relative culpability, and caps what anyone can be forced to pay at that equitable share.
Full Text of CPLR 1402
Plain-English Summary
CPLR 1401 creates the right to contribution; CPLR 1402 tells a court how to size it. The person seeking contribution can recover only the amount they paid above their own equitable share of the judgment -- the excess that covered someone else's share of the responsibility. The flip side protects the person contribution is sought from: no one has to pay more than their own equitable share, no matter how the original judgment was structured.
Equitable share isn't a fixed fraction like an even split among defendants. The statute ties it to relative culpability -- how much each liable person's conduct contributed to causing the harm. A court comparing two defendants, one whose conduct was central to the injury and one whose fault was marginal, would apportion shares accordingly rather than dividing the judgment evenly.
Frequently Asked Questions
How is the amount of contribution calculated under CPLR 1402?
By each liable person's equitable share of the judgment, determined according to their relative culpability for causing the injury, not by an equal split among defendants.
Can someone be forced to pay more than their equitable share in contribution?
No. CPLR 1402 caps a contributor's payment at their own equitable share, however that share was fixed.
What can a party who overpaid recover in a contribution claim?
Only the excess they paid beyond their own equitable share of the judgment -- the portion that covered someone else's share of the responsibility.
Does CPLR 1402 divide liability equally among defendants?
No. Shares are set by relative culpability, so a defendant whose conduct played a larger role in causing the injury bears a larger share than one whose fault was minor.
How does CPLR 1402 relate to CPLR 1601's several liability cap?
Both use relative culpability to apportion responsibility, but CPLR 1402 governs contribution claims between liable parties while CPLR 1601 separately limits a low-fault defendant's direct liability to a claimant for non-economic loss.
Amendment History
Add, L 1974, ch 742, eff Sept 1, 1974.
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: equitable share contribution New Yorkamount of contribution New Yorkrelative culpability CPLRNew York contribution formula