Brennan v. Lions Club of Olcott, Inc.

Appellate Division of the Supreme Court of New York

Brennan v. Lions Club of Olcott, Inc.

238 A.D.2d 929, 661 N.Y.S.2d 157, 1997 N.Y. App. Div. LEXIS 4744

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

DecidedApril 25, 1997

StatusPublished

This text of 238 A.D.2d 929 (Brennan v. Lions Club of Olcott, Inc.) 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

Brennan v. Lions Club of Olcott, Inc., 238 A.D.2d 929, 661 N.Y.S.2d 157, 1997 N.Y. App. Div. LEXIS 4744 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously reversed on the law without costs, motion granted and complaint against defendant Upper Mountain Fire Department, Inc., dismissed. Memorandum: Supreme Court erred in denying the motion of defendant Upper Mountain Fire Department, Inc. (UMFD), for summary judgment dismissing the complaint against it. UMFD established that, at the time Suzette Brennan (plaintiff) was injured, the off-duty members of UMFD who were present were not acting at the direction or control of UMFD and were not acting in furtherance of any duty owed to UMFD. Rather, the individuals were engaged in personal activity outside the scope of their employment (see, Riviello v Waldron, 47 NY2d 297, 302-303; Crawford v Westcott Steel Co., 188 AD2d 731). UMFD also established that it did not participate in crowd control or protection of the public at the demolition event, and plaintiffs failed to establish the existence of a duty owed by UMFD to plaintiff. (Appeal from Order of Supreme Court, Monroe County, Bergin, J.—Summary Judgment.) Present—Green, J. P., Lawton, Doerr, Balio and Fallon, JJ.

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—Order unanimously reversed on the law without costs, motion granted and complaint against defendant Upper Mountain Fire Department, Inc., dismissed. Memorandum: Supreme Court erred in denying the motion of defendant Upper Mountain Fire Department, Inc. (UMFD), for summary judgment dismissing the complaint against it. UMFD established that, at the time Suzette Brennan (plaintiff) was injured, the off-duty members of UMFD who were present were not acting at the direction or control of UMFD and were not acting in furtherance of any duty owed to UMFD. Rather, the individuals were engaged in personal activity outside the scope of their employment (see, Riviello v Waldron, 47 NY2d 297, 302-303; Crawford v Westcott Steel Co., 188 AD2d 731). UMFD also established that it did not participate in crowd control or protection of the public at the demolition event, and plaintiffs failed to establish the existence of a duty owed by UMFD to plaintiff. (Appeal from Order of Supreme Court, Monroe County, Bergin, J.—Summary Judgment.) Present—Green, J. P., Lawton, Doerr, Balio and Fallon, JJ.

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Bluebook (online)

238 A.D.2d 929, 661 N.Y.S.2d 157, 1997 N.Y. App. Div. LEXIS 4744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brennan-v-lions-club-of-olcott-inc-nyappdiv-1997.

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