CHIANESE v. MEIER


98 N.Y.2d 270 (2002)

774 N.E.2d 722

746 N.Y.S.2d 657

JOSEPHINE CHIANESE, Respondent, v. WERNER MEIER et al., Appellants.

Court of Appeals of the State of New York.

Decided June 13, 2002.


Attorney(s) appearing for the Case

Mauro Goldberg & Lilling LLP, Great Neck (Caryn L. Lilling of counsel), and Brody, Fabiani & Cohen for appellants.

Madeline Lee Bryer, P.C., New York City (Steve S. Efron of counsel), for respondent.

Michael A. Cardozo, Corporation Counsel, New York City (Francis F. Caputo and Paul L. Herzfeld of counsel), for City of New York, amicus curiae.

Nelson & Nelson, New York City (Clifford S. Nelson of counsel), and Hugh W. Campbell for New York State Trial Lawyers Association, amicus curiae.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

Chief Judge KAYE.

The major issue on this appeal is whether apportionment of damages for personal injuries is permissible between a negligent landlord and the nonparty assailant who attacked the plaintiff-tenant (see CPLR 1602 [5]). We conclude that it is.

On May 14, 1992, plaintiff was attacked while entering her Greenwich Village apartment. When she arrived home from her teaching...

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