Ardrey v. Orange County Agricultural Society

Appellate Division of the Supreme Court of New York

Ardrey v. Orange County Agricultural Society

248 A.D.2d 573, 669 N.Y.S.2d 914, 1998 N.Y. App. Div. LEXIS 2877

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 23, 1998

StatusPublished

Cited by1 cases

This text of 248 A.D.2d 573 (Ardrey v. Orange County Agricultural Society) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ardrey v. Orange County Agricultural Society, 248 A.D.2d 573, 669 N.Y.S.2d 914, 1998 N.Y. App. Div. LEXIS 2877 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In an action to recover damages for personal injuries, (1) the defendant third-party plaintiff Orange County Agricultural Society appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated January 15, 1997, which granted that branch of the cross motion of the third-party defendants Glenn A. Donnelly, d/b/a Drivers’ Independent Race Tracks of New York, and D.I.R.T., Inc., which was for summary judgment dismissing the third-party complaint, and denied its motion for summary judgment on the third-party complaint, and (2) the plaintiff separately appeals from so much of the same order as granted that branch of the cross motion which was for summary judgment dismissing the third-party complaint.

Ordered that the appeal by the plaintiff is dismissed on the ground that she is not aggrieved by the portion of the order from which she appeals (see, CPLR 5511); and it is further,

Ordered that the order is modified by adding thereto a provision that, upon searching the record, the branch of the motion of the third-party defendants which was for summary judgment dismissing the amended verified complaint insofar as asserted against them is granted; as so modified, the order is affirmed; and it is further,

Ordered that the third-party defendants are awarded one bill of costs.

As evidenced by their lease with the defendant third-party plaintiff Orange County Agricultural Society, the third-party defendants Glenn A. Donnelly, d/b/a Drivers’ Independent Race Tracks of New York, and D.I.R.T., Inc., did not maintain, possess, or control the area of the premises where the plaintiff’s accident occurred. Under these circumstances, the Supreme Court properly concluded that the third-party defendants owed no duty to the injured plaintiff and dismissed the third-party complaint (see, Millman v Citibank, 216 AD2d 278; Warren v [574]*574Wilmorite, Inc., 211 AD2d 904; Rosato v Foodtown, 208 AD2d 705). In light of our determination that the third-party defendants owed no duty to the plaintiff, the amended verified complaint must also be dismissed insofar as asserted against them.

Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for personal injuries, (1) the defendant third-party plaintiff Orange County Agricultural Society appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated January 15, 1997, which granted that branch of the cross motion of the third-party defendants Glenn A. Donnelly, d/b/a Drivers’ Independent Race Tracks of New York, and D.I.R.T., Inc., which was for summary judgment dismissing the third-party complaint, and denied its motion for summary judgment on the third-party complaint, and (2) the plaintiff separately appeals from so much of the same order as granted that branch of the cross motion which was for summary judgment dismissing the third-party complaint.

Ordered that the appeal by the plaintiff is dismissed on the ground that she is not aggrieved by the portion of the order from which she appeals (see, CPLR 5511); and it is further,

Ordered that the order is modified by adding thereto a provision that, upon searching the record, the branch of the motion of the third-party defendants which was for summary judgment dismissing the amended verified complaint insofar as asserted against them is granted; as so modified, the order is affirmed; and it is further,

Ordered that the third-party defendants are awarded one bill of costs.

As evidenced by their lease with the defendant third-party plaintiff Orange County Agricultural Society, the third-party defendants Glenn A. Donnelly, d/b/a Drivers’ Independent Race Tracks of New York, and D.I.R.T., Inc., did not maintain, possess, or control the area of the premises where the plaintiff’s accident occurred. Under these circumstances, the Supreme Court properly concluded that the third-party defendants owed no duty to the injured plaintiff and dismissed the third-party complaint (see, Millman v Citibank, 216 AD2d 278; Warren v [574]*574Wilmorite, Inc., 211 AD2d 904; Rosato v Foodtown, 208 AD2d 705). In light of our determination that the third-party defendants owed no duty to the plaintiff, the amended verified complaint must also be dismissed insofar as asserted against them.

Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

248 A.D.2d 573, 669 N.Y.S.2d 914, 1998 N.Y. App. Div. LEXIS 2877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ardrey-v-orange-county-agricultural-society-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack