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CHRISTOPHER A. VELARDE, plf-ap, v. THE CITY OF NEW YORK def-res, CORRECTION OFFICER MS. B., ETC., ET AL., def

3659N. CHRISTOPHER A. VELARDE, plf-ap, v. THE CITY OF NEW YORK def-res, CORRECTION OFFICER MS. B., ETC., ET AL., def — Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for res — Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered December 11, 2015, which denied plaintiff's motion for leave to amend his complaint, unanimously affirmed, without costs.

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3659N. CHRISTOPHER A. VELARDE, plf-ap, v. THE CITY OF NEW YORK def-res, CORRECTION OFFICER MS. B., ETC., ET AL., def — Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for res — Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered December 11, 2015, which denied plaintiff’s motion for leave to amend his complaint, unanimously affirmed, without costs.

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), arguing that the City was not entitled to apportion its damages with nonparty tortfeasor since the corrections officer acted with a reckless disregard for plaintiff’s safety and/or in concert with the assailant.

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