Josephine Chianese, Respondent v. Werner Meier, Appellants

Summary

The New York Court of Appeals held that CPLR §1602(5) does not bar apportionment of damages in a negligence claim against a landlord when the injury also involves an intentional tortfeasor, and affirmed the jury's 50‑50 apportionment. The Court also affirmed that the landlord had constructive notice of the dangerous condition.