Morales v. County of Nassau

OPINION OF THE COURT

Allan L. Winick, J.

*36The issue raised in this case involves the application of CPLR article 16 and its effect on the instructions to be given to the jury concerning apportionment of fault between tortfeasors, one of whom was negligent and the other an intentional tortfeasor, not a party to the lawsuit.

To set this issue clearly in context, the court will set forth the first paragraph of Justice Santucci’s opinion at the Appellate Division, Second Department, verbatim, in the case of Siler v 146 Montague St. Assocs. (228 AD2d 33, 34): "In this case we confront the issue of…