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In re New York City Asbestos Litigation10/31/2002
ected for the same as set forth above. As in CPLR 1601(1), "jurisdiction" in CPLR 1602(10) refers to personal jurisdiction, see Vincent C. Alexander, Prac. Commentaries at 619, CPLR ยง 1602 (McKinney 1997), and jurisdiction may be obtained over a bankrupt.
Conclusion
For the reasons set forth above, it is
ADJUDGED AND DECLARED that "jurisdiction" in CPLR 1601(1) refers to personal jurisdiction, and that the culpability of a bankrupt, non-party tortfeasor will be included when calculating the defendant-tortfeasors' exposure under CPLR 1601(1), unless the plaintiff proves that with due diligence he or she was unable to obtain personal jurisdiction over the bankrupt or its estate, or unless an exemption set forth in CPLR 1602 applies, and it is further
ADJUDGED AND DECLARED that "jurisdiction" in CPLR 1602(10) refers to personal jurisdiction.
(*19)Dated: October 31, 2002
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