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SILER v. 146 MONTAGUE ASSOCS.

228 A.D.2d 33 (1997)

652 N.Y.S.2d 315

Sharon A. Siler et al., Respondents-Appellants, v. 146 Montague Associates et al., Appellants-Respondents, and Boro Photo Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 21, 1997

Attorney(s) appearing for the Case

Clausen Miller, P. C., New York City (James T. Ferrini and Edward M. Kay of counsel), and Myles R. Elber, Brooklyn, for appellants-respondents. (One brief filed.)

Baumeister & Samuels, P. C., New York City (Michael F. Baumeister and Douglas A. Latto of counsel), for respondents-appellants.

Smith Mazure Director Wilkins Young Yagerman & Tarallo, P. C., New York City (Mark Yagerman and Steven I. Brizel of counsel), for respondent.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Alan Kaminsky and Richard E. Lerner of counsel), for New York City Housing Authority, amicus curiae.

ROSENBLATT, J. P., and COPERTINO, J., concur with SANTUCCI, J.; RITTER, J., concurs in part and dissents in part in a separate opinion.

SANTUCCI, J.

In this case we confront the issue of whether a landlord, who has been sued for negligence in an action based upon premises security, can seek apportionment of liability pursuant to CPLR article 16 against a nonparty intentional tortfeasor. We conclude that this question should be answered in the affirmative.

This case has its genesis in a terrifying physical assault upon the plaintiff Sharon...

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