(a) Nothing contained in this article shall impair the rights of any person entitled to damages under existing law.
§ 1404.Rights of persons entitled to damages not affected; rights of indemnity or subrogation preserved
Article 14. Contribution · Last amended 1974 · Last verified July 21, 2026
In one sentenceCPLR 1404 makes clear that Article 14's contribution rules don't cut back an injured party's existing rights to recover damages, or displace any separate right of indemnity or subrogation that already exists under other law.
Full Text of CPLR 1404
(b) Nothing contained in this article shall impair any right of indemnity or subrogation under existing law.
Plain-English Summary
Article 14 exists to sort out how liable parties divide the cost among themselves, not to change what an injured plaintiff can recover. CPLR 1404 guards against reading the contribution provisions too broadly: nothing in Article 14 impairs a plaintiff's existing rights to damages under other law.
The section does the same job for indemnity and subrogation. Contribution divides liability among parties who share fault; indemnity shifts the entire loss to one party under a separate legal or contractual basis; subrogation lets an insurer or other party step into the shoes of someone it paid. CPLR 1404 preserves all of that machinery exactly as it stood before Article 14, so a contribution claim doesn't override an indemnity agreement or a subrogation right.
Frequently Asked Questions
Does Article 14 reduce what a plaintiff can recover?
No. CPLR 1404 states that nothing in the contribution article impairs any person's existing right to damages under other law.
Does a contribution claim override an indemnity agreement?
No. CPLR 1404 preserves any existing right of indemnity, so a separate indemnity obligation stands independent of the contribution rules in Article 14.
What is the difference between contribution and indemnity in New York?
Contribution, under CPLR 1401, divides responsibility among parties who share fault, while indemnity shifts the whole loss to one party under a separate legal or contractual right -- and CPLR 1404 keeps that indemnity right intact.
Does CPLR 1404 affect subrogation rights?
No. It expressly preserves any existing right of subrogation, so an insurer's subrogation claim is not impaired by Article 14's contribution rules.
Why does CPLR 1404 exist if Article 14 already defines contribution?
It closes off arguments that the newer contribution statute silently repealed or narrowed older rights to damages, indemnity, or subrogation that existed under prior law.
Amendment History
Add, L 1974, ch 742, § 1, 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: indemnity and contribution New Yorksubrogation rights preserved CPLRdifference contribution indemnity New YorkCPLR 1404 rights not affected