In a significant recent decision, Chianese v. Meier, 2002 N.Y. Slip. Op. 04816, (The New York Law Journal, June 14, 2002, p.18) the Court of Appeals again examined the scope and statutory intent of CPLR Article 16, which was enacted in 1986 to limit common-law liability holding joint tortfeasors jointly and severally liable for the payment of damages.
In Chianese, the plaintiff was violently assaulted and seriously injured in her apartment as a result of her landlord’s negligence in failing to keep interior security doors locked. The specific issue before the court was whether, under Article 16, the negligent landowner and managing agent could be held jointly and severally liable, or whether damages had to be apportioned between them and the known assailant, who was not a party to the action.
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