§ 1602. Application. The limitations set forth in this article shall:

1. apply to any claim for contribution or indemnification, but shall
not include:

(a) a claim for indemnification if, prior to the accident or
occurrence on which the claim is based, the claimant and the tortfeasor
had entered into a written contract in which the tortfeasor had
expressly agreed to indemnify the claimant for the type of loss
suffered; or

(b) a claim for indemnification by a public employee, including
indemnification pursuant to section fifty-k of the general municipal law
or section seventeen or eighteen of the public officers law.

2. not be construed to impair, alter, limit, modify, enlarge, abrogate
or restrict (i) the limitations set forth in section twenty-a of the
court of claims act; (ii) any immunity or right of indemnification
available to or conferred upon any defendant for any negligent or
wrongful act or omission; (iii) any right on the part of any defendant
to plead and prove an affirmative defense as to culpable conduct
attributable to a claimant or decedent which is claimed by such
defendant in the diminution of damages in any action; and (iv) any
liability arising by reason of a non-delegable duty or by reason of the
doctrine of respondeat superior.

3. not apply to administrative proceedings.

4. not apply to claims under the workers' compensation law or to a
claim against a defendant where claimant has sustained a "grave injury"
as defined in section eleven of the workers' compensation law to the
extent of the equitable share of any person against whom the claimant is
barred from asserting a cause of action because of the applicability of
the workers' compensation law provided, however, that nothing in this
subdivision shall be construed to create, impair, alter, limit, modify,
enlarge, abrogate, or restrict any theory of liability upon which any
person may be held liable.

5. not apply to actions requiring proof of intent.

6. not apply to any person held liable by reason of his use,
operation, or ownership of a motor vehicle or motorcycle, as those terms
are defined respectively in sections three hundred eleven and one
hundred twenty-five of the vehicle and traffic law.

7. not apply to any person held liable for causing claimant's injury
by having acted with reckless disregard for the safety of others.

8. not apply to any person held liable by reason of the applicability
of article ten of the labor law.

9. not apply to any person held liable for causing claimant's injury
by having unlawfully released into the environment a substance hazardous
to public health, safety or the environment, a substance acutely
hazardous to public health, safety or the environment or a hazardous
waste, as defined in articles thirty-seven and twenty-seven of the
environmental conservation law and in violation of article seventy-one
of such law; provided, however, that nothing herein shall require that
the violation of said article by such person has resulted in a criminal
conviction or administrative adjudication of liability.

10. not apply to any person held liable in a product liability action
where the manufacturer of the product is not a party to the action and
the claimant establishes by a preponderance of the evidence that
jurisdiction over the manufacturer could not with due diligence be
obtained and that if the manufacturer were a party to the action,
liability for claimant's injury would have been imposed upon said
manufacturer by reason of the doctrine of strict liability, to the
extent of the equitable share of such manufacturer.

11. not apply to any parties found to have acted knowingly or
intentionally, and in concert, to cause the acts or failures upon which
liability is based; provided, however, that nothing in this subdivision
shall be construed to create, impair, alter, limit, modify, enlarge,
abrogate, or restrict any theory of liability upon which said parties
may be held liable to the claimant.

12. in conjunction with the other provisions of this article not be
construed to create or enlarge actions for contribution or indemnity
barred because of the applicability of the workers' compensation law of
this state, any other state or the federal government, or section 18-201
of the general obligations law.

13. not apply to any person responsible for the disposal or presence
of hazardous or dangerous materials that is the result of the unlawful
manufacture of methamphetamine, when such person has been convicted of
section 220.73, 220.74, 220.75 or 220.76 of the penal law.

14. not apply to any party held liable for claims arising from the
failure to obey or enforce (a) an order of protection or a temporary
order of protection issued or modified pursuant to article four, five,
six, seven, eight or ten of the family court act, section 530.12 of the
criminal procedure law, section two hundred forty or two hundred
fifty-two of the domestic relations law, or (b) an order of protection
or temporary order of protection issued or modified by a court of
competent jurisdiction in another state, territorial or tribal
jurisdiction.