Zylinski v. Marine Drive Apartments, Inc.

OPINION OF THE COURT

Rose H. Sconiers, J.

Defendants, Marine Drive Apartments, Inc., and Delta *770Elevator Service Corp., have requested that this court submit, for jury consideration, the allocation of alleged fault by nonparty U.S. Elevator/Niagara Elevator.

Defendants rely upon CPLR article 16, as cited in their respective answers as an affirmative defense, as setting limitations on their respective liability and for the inclusion of a nonparty’s alleged culpability.

Such defense is, however, set forth in general terms with no assertion of liability against any named entity nor any assertion of…