In Rangolan v. County of Nassau, 96 NY2d 42, 725 N.Y.S.2d 611 [2001] the Court of Appeals addressed the application of CPLR 1602(2)(iv) to defendants who have non-delegable duties. In both cases, the Court held under CPLR 1602(2)(iv) a defendant who has a nondelegable duty may not seek an apportionment of liability for CPLR 1601(1) purposes with anyone for whose negligence it is vicariously liable. The Rangolan Court stated: "Specifically, CPLR 1602(2)(iv) is a savings provision that preserves principles of vicarious liability. It ensures that a defendant is liable to the same extent as its delegate or employee, and that CPLR article 16 is not construed to alter this liability ( see, Alexander, Practice Commentaries, op. cit., at 616--617; see also, Kreindler, Rodriguez, Beekman & Cook, New York Law of Torts 10.11, at 602--603 [14 West's NY Prac. Series 1997]). Thus, for example, a municipality that delegates a duty for which the municipality is legally responsible, such as the maintenance of its roads, to an independent contractor remains vicariously liable for the contractor's negligence, and cannot rely on CPLR 1601(1) to apportion liability between itself and its contractor ( see, Faragiano v. Town of Concord, 96 NY2d 776, 725 N.Y.S.2d 609; see also, Kreindler, Rodriguez, Beekman & Cook, op. cit., at 602--603 [premises owner having a nondelegable duty]). Similarly, CPLR 1602(2)(iv) prevents an employer from disclaiming respondeat superior liability under article 16 by arguing that the true tortfeasor was its employee. "(Rangolan, 96 NY2d 42, 47, 182, 725 N.Y.S.2d 611, 615). The Rangolan Court made it clear, however, that CPLR 1602(2)(iv) does not preclude a defendant with a nondelegable duty from seeking apportionment for CPLR 1601(1) purposes with other tortfeasors for whose negligence it is not vicariously liable. The Court stated: However, nothing in CPLR 1602(2)(iv) precludes a municipality, landowner or employer from seeking apportionment between itself and other tortfeasors "for whose liability it is not answerable" (Rangolan, supra.)