In New York, how is the amount of contribution among tortfeasors calculated?

• A. It is always split equally regardless of fault.
• B. The amount of contribution equals the entire judgment recovered by the injured party.
• C. The amount of contribution is the excess paid over and above each defendant’s equitable share based on relative culpability.
• D. Contribution is not available in most tort cases.

Answer: (C)

New York uses fault-based contribution among tortfeasors. Each defendant’s equitable share of the damages is determined by their relative degree of fault. If a defendant pays more than that share, the other defendants must contribute the excess, in proportion to each one’s fault. For example, if damages are 100,000 and two defendants are 70% and 30% at fault, their fair shares are 70,000 and 30,000. If the 70% defendant ends up paying 80,000, they can recover 10,000 from the 30% defendant because that 10,000 exceeds the latter’s equitable 30,000 share. The contribution amount is the excess over each defendant’s equitable share, allocated according to relative culpability.