Summary

In Schneider v Wien Malkin LLP (5 Misc 3d 1011[A], 2004 NY Slip Op 51328[U], *18-19 [2004]), this court reviewed the authority on apportionment and concluded that no New York case has articulated a standard for determining when apportionment is proper, but that federal cases, which have been decided under and "predicted" New York law, have formulated a standard which is consistent with New York law. (See Phansalkar v Andersen Weinroth Co., L.P., 344 F3d 184, 199-200 [2d Cir 2003].)