In Marsala v Weinraub (208 AD2d 689 [2d Dept 1994]), the Second Department majority held that whenever a plaintiff sues multiple defendants, the article 16 apportionment defense will automatically apply by operation of CPLR 1601 (1), unless the plaintiff can prove that an exception is applicable. Consequently, the Second Department reasons, in those cases in which article 16 apportionment automati-cally applies, no affirmative defense need be pleaded. Since article 16 need not be pleaded as an affirmative defense, "it follows that the respondents need not provide a bill of particulars with regard to CPLR article 16" (Marsala at 690.) In Marsala v. Weinraub, the Appellate Division, Second Department affirmed a lower court decision denying a motion to preclude a defense under CPLR Article 16 by defendants. The concurrence amplified that decision by stating, "whenever a plaintiff sues multiple defendants, CPLR article 16 will apply unless the plaintiff can show that one of the situations in CPLR 1602 applies." In affirming the court below, the Appellate Division quoted, "the statute (CPLR article 16) does not require that a party asserting limited liability must bear the burden of establishing the liability of their co-defendants; it merely provides that a defendant must prove by a preponderance of the evidence 'its equitable share of the total liability.'" Id. at 694.