How can a claim for contribution be brought in New York?

• A. Only after a final judgment is entered against all defendants.
• B. In a separate action or by cross-claim, counterclaim, or a third-party claim in a pending action.
• C. Only if the plaintiff and defendant agree to a joint settlement.
• D. Only through a motion within the original action.

Answer: (B)

In New York, a claim for contribution can be brought either in a separate action or within a pending action by adding a cross-claim against other defendants, a counterclaim against the plaintiff, or a third-party claim against another party. This allows a tortfeasor who has paid more than their fair share to seek reimbursement from others who share responsibility, without having to wait for a final judgment against everyone. It isn’t limited to after a final judgment, and it isn’t tied to any joint settlement. The mechanism isn’t restricted to motions within the original action; you can assert the contribution claim directly as a cross-claim, counterclaim, third-party claim, or in a separate lawsuit.