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§ 1600.Definitions

Article 16. Limited Liability of Persons Jointly Liable · Last amended 1986 · Last verified July 21, 2026

In one sentenceCPLR 1600 defines non-economic loss for purposes of Article 16's several-liability cap, covering pain and suffering, mental anguish, loss of consortium, and similar losses that don't carry a specific dollar figure.

Full Text of CPLR 1600

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As used in this article the term “non-economic loss” includes but is not limited to pain and suffering, mental anguish, loss of consortium or other damages for non-economic loss.

Plain-English Summary

Article 16 limits what a low-fault defendant has to pay for non-economic loss, so the whole article depends on knowing what that phrase covers. CPLR 1600 answers that question with an open-ended list: pain and suffering, mental anguish, loss of consortium, and other damages for non-economic loss.

The list isn't closed -- it says non-economic loss includes but is not limited to those examples -- so courts can recognize other categories of loss as non-economic when they don't reduce to a receipt or a pay stub. What the definition leaves out matters just as much: economic losses like medical bills, lost earnings, and future medical care fall outside it, and Article 16's cap never touches those. A defendant found only 20 percent at fault might have their share of a pain-and-suffering award capped, but they remain on the hook for their full share of economic damages under ordinary joint-and-several rules.

Frequently Asked Questions

What counts as non-economic loss under New York law?

CPLR 1600 defines it to include pain and suffering, mental anguish, and loss of consortium, plus any other similar damages that don't correspond to a specific financial loss.

Does the CPLR 1600 definition of non-economic loss include lost wages or medical bills?

No. Those are economic losses, and Article 16's several-liability cap, which depends on this definition, doesn't limit a defendant's liability for economic damages.

Is the list of non-economic losses in CPLR 1600 exhaustive?

No. The statute says non-economic loss includes but is not limited to the examples listed, so courts can treat other similar losses as non-economic as well.

Why does CPLR 1600 matter for the several-liability cap in CPLR 1601?

Because CPLR 1601 only caps a low-fault defendant's liability for non-economic loss, the definition in CPLR 1600 sets the boundary of what that cap can reach.

Does loss of consortium count as non-economic loss in New York?

Yes. CPLR 1600 lists loss of consortium as an example of non-economic loss.

Amendment History

Add, L 1986, ch 682, § 6, eff July 30, 1986.

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
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