Chianese v. Meier
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*317OPINION OF THE COURT
Saxe, J.
In this personal injury action alleging inadequate building security, the trial court permitted the jury to apportion liability between the building’s owner and managing agent, and the plaintiffs assailant, who had been apprehended but was not named as a party to this action. However, after the jury apportioned 50% of the liability against the non-party assailant, the trial court granted plaintiffs CPLR 4404 (a) motion to set aside the apportionment, based upon the ground that apportionment was not permitted under CPLR article 16 where defendant’s liability arose…
2Cases cited17 opinions
- People v. ElyNew York Court of Appeals · 1986
- Burgos v. Aqueduct Realty Corp.New York Court of Appeals · 1998
- Gregoire v. G. P. Putnam's SonsNew York Court of Appeals · 1948
- Chase Scientific Research, Inc. v. Nia Group, Inc.New York Court of Appeals · 2001
- Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
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3Cited by12 opinions
- Aei Life LLC v. Lincoln Benefit Life Co.Court of Appeals for the Second Circuit · 2018
- Chianese v. MeierNew York Court of Appeals · 2002
- AEI Life, LLC v. Lincoln Benefit Life Co.District Court, E.D. New York · 2016
- Shaw v. CoachAppellate Division of the Supreme Court of the State of New York · 2011
- Davis v. LancasterNew York Supreme Court · 2010
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