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CONCEPCION v. NYCHHC

284 A.D.2d 37 (2001)

729 N.Y.S.2d 478

CYNTHIA CONCEPCION, Respondent, et al., Plaintiff, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant, et al., Defendants.

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

August 2, 2001.

Attorney(s) appearing for the Case

Alexander J. Wulwick of counsel (Salzman, Ingber & Winer, attorneys), for respondent.

Paul L. Herzfeld of counsel (Francis F. Caputo on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellant.

WILLIAMS, J. P., ANDRIAS and FRIEDMAN, JJ., concur with LERNER, J.; MAZZARELLI, J., dissents in a separate opinion.

OPINION OF THE COURT

LERNER, J.

In this post-trial personal injury action, we are called to determine whether defendant was entitled, pursuant to article 16 of the Civil Practice Law and Rules, to a charge of apportionment of liability between defendant and the intentional tortfeasor who inflicted serious injury upon plaintiff.

Plaintiff, then 16 years old, sustained personal injuries while she was visiting her cousin at North Central Bronx Hospital...

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