VELARDE v. CITY OF NEW YORK

3659N, 306010/12.

149 A.D.3d 457 (2017)

2017 NY Slip Op 02743

51 N.Y.S.3d 73

CHRISTOPHER A. VELARDE, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 6, 2017.


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 amend his complaint to add causes of action under CPLR 1602 (7) and (11...

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