Costanzo v. Plainfield

Summary

The court held that the trial court's dismissal of the defendants' apportionment complaint and notice of intent to seek apportionment was a final, appealable judgment. It further held that the statutory exception imposing municipal liability for failure to inspect or inadequate or negligent inspection after notice of a hazard creates a statutory cause of action based on negligence, permitting apportionment under the governing apportionment statute. The court therefore affirmed the intermediate appellate judgment.