NY CPLR § 1401. CLAIM FOR CONTRIBUTION
Except as provided in sections 15-108 and 18-201 of the general obligations law , sections eleven and twenty-nine of the workers’ compensation law , or the workers’ compensation law of any other state or the federal government, two or more persons who are subject to liability for damages for the same personal injury, injury to property or wrongful death, may claim contribution among them whether or not an action has been brought or a judgment has been rendered against the person from whom contribution is sought.
NY CPLR § 1402. AMOUNT OF CONTRIBUTION
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.
NY CPLR § 1403. HOW CONTRIBUTION CLAIMED
A cause of action for contribution may be asserted in a separate action or by cross-claim, counterclaim or third-party claim in a pending action.
NY CPLR § 1404. RIGHTS OF PERSONS ENTITLED TO DAMAGES NOT AFFECTED; RIGHTS OF INDEMNITY OR SUBROGATION PRESERVED
(a) Nothing contained in this article shall impair the rights of any person entitled to damages under existing law.
(b) Nothing contained in this article shall impair any right of indemnity or subrogation under existing law.