Aw v. Aw

Appellate Division of the Supreme Court of New York

Aw v. Aw

240 A.D.2d 354, 658 N.Y.S.2d 96, 1997 N.Y. App. Div. LEXIS 5792

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

DecidedJune 2, 1997

StatusPublished

This text of 240 A.D.2d 354 (Aw v. Aw) 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

Aw v. Aw, 240 A.D.2d 354, 658 N.Y.S.2d 96, 1997 N.Y. App. Div. LEXIS 5792 (N.Y. Ct. App. 1997).

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Opinion

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Richmond County (Cusick, J.), dated May 31, 1996, as, upon the granting of the motion of the defendants Robin Aw and Peggy Aw for summary judgment, is in favor of those defendants and against her dismissing the fourth cause of action.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff’s fourth cause of action alleged that as the plaintiff’s parents-in-law, the defendants Robin Aw and Peggy Aw (hereinafter the respondents) had a duty to the plaintiff to prevent, report, control, intervene, or take some action to stop assaults the plaintiff’s husband, the defendant Rocky Aw, inflicted on the plaintiff, and that they failed in that duty. We agree with the Supreme Court that no special relationship exists between the plaintiff and the respondents, or the respondents and their emancipated son, which would give rise to such a duty (see, Einhorn v Seeley, 136 AD2d 122). Accordingly, the fourth cause of action was properly dismissed. Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Richmond County (Cusick, J.), dated May 31, 1996, as, upon the granting of the motion of the defendants Robin Aw and Peggy Aw for summary judgment, is in favor of those defendants and against her dismissing the fourth cause of action.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff’s fourth cause of action alleged that as the plaintiff’s parents-in-law, the defendants Robin Aw and Peggy Aw (hereinafter the respondents) had a duty to the plaintiff to prevent, report, control, intervene, or take some action to stop assaults the plaintiff’s husband, the defendant Rocky Aw, inflicted on the plaintiff, and that they failed in that duty. We agree with the Supreme Court that no special relationship exists between the plaintiff and the respondents, or the respondents and their emancipated son, which would give rise to such a duty (see, Einhorn v Seeley, 136 AD2d 122). Accordingly, the fourth cause of action was properly dismissed. Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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Bluebook (online)

240 A.D.2d 354, 658 N.Y.S.2d 96, 1997 N.Y. App. Div. LEXIS 5792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aw-v-aw-nyappdiv-1997.

Opinion

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