Zakshevsky v. City of New York

*53OPINION OF THE COURT

Ira B. Harkavy, J.

Defendant City of New York moved pursuant to CPLR 1601 for a charge to the jury which allows them to apportion the alleged negligence herein among the defendant, plaintiff Paul Zakshevsky (hereinafter referred to in the singular as plaintiff) and an alleged nonparty tort-feasor.

The question addressed herein is the applicability of CPLR article 16 to an accident which occurred on August 9, 1986 subsequent to July 30, 1986, the effective date of CPLR article 16.

The facts of the case are as follows: On August 9, 1986 at approximately 8:00 p.m., plaintiff was…