Which of the following is NOT one of the four situations in which CPLR Article 16 does not apply?

• A. Medical professionals acting within the scope of their profession are not included as exceptions
• B. Tortfeasors who acted with intent
• C. Drivers and owners of motor vehicles (except police and firefighters)
• D. Tortfeasors who acted with recklessly

Answer: (A)

CPLR Article 16 sets limited protections that don’t apply to certain kinds of tort conduct. The exceptions it recognizes are when the tortfeasor acted with intent, when the tortfeasor acted with recklessness, and when the tortfeasor is a driver or owner of a motor vehicle (with some carve-outs for police and firefighters). Medical professionals acting within the scope of their profession aren’t one of those carve-outs, so Article 16 still applies to them. Therefore, describing medical professionals within the scope as not being included as exceptions is correct—the statement is NOT one of the four situations where Article 16 does not apply.