Legal Opinion

Siler v. 146 Montague Associates

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 1997PublishedCited by 27 opinions

1Opinion of the Court

OPINION OF THE COURT

Santucci, J.

In this case we confront the issue of whether a landlord, who has been sued for negligence in an action based upon premises security, can seek apportionment of liability pursuant to CPLR article 16 against a nonparty intentional tortfeasor. We conclude that this question should be answered in the affirmative.

This case has its genesis in a terrifying physical assault upon the plaintiff Sharon Ashley Siler. The facts are as follows. In April 1989, Sharon Ashley Siler lived with her husband, Jeffrey Siler, on the top floor of 146 Montague Street, Brooklyn. The…

2Cases cited6 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  3. New York Life Insurance v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1981
  4. Metropolitan Life Insurance v. State Tax CommissionNew York Court of Appeals · 1981
  5. Pantages v. L.G. Airport Hotel Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Whitehead v. Food Max of Mississippi, Inc.Court of Appeals for the Fifth Circuit · 1998
  2. Erny v. Estate of MerolaSupreme Court of New Jersey · 2002
  3. Bhinder v. Sun Co.Supreme Court of Connecticut · 1998
  4. Chianese v. MeierNew York Court of Appeals · 2002
  5. Morales v. County of NassauNew York Court of Appeals · 1999

22 more not listed; retrieve them via the Exa API.

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