Velarde v. City of New York

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered December 11, 2015, which denied plaintiff’s motion for leave to amend his complaint, unanimously affirmed, without costs.

Plaintiff alleges that while he was an inmate at Riker’s Island, he was assaulted by a fellow inmate who is not a party to this action. Plaintiff sued the City for the negligence of its corrections officers in failing to stop the assault. When the City joined issue, it asserted CPLR 1601 as an affirmative defense, seeking to apportion damages with the nonparty assailant. Plaintiff then sought leave to…