Constantine G. P. v. Town of Corning

Appellate Division of the Supreme Court of New York

Constantine G. P. v. Town of Corning

251 A.D.2d 1065, 674 N.Y.S.2d 200, 1998 N.Y. App. Div. LEXIS 7166

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

DecidedJune 10, 1998

StatusPublished

This text of 251 A.D.2d 1065 (Constantine G. P. v. Town of Corning) 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

Constantine G. P. v. Town of Corning, 251 A.D.2d 1065, 674 N.Y.S.2d 200, 1998 N.Y. App. Div. LEXIS 7166 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action on behalf of her 15-year-old daughter, who was sexually molested by defendant Timothy Buckley. Supreme Court properly granted summary judgment to defendant North Corning Volunteer Fire Company (Fire Company) dismissing the complaint against it. It is undisputed that both plaintiff and her daughter were aware of the prior conviction of Buckley for sexually molesting an eight-year-old girl. Thus, the only conclusion to be drawn from the established facts is that the Fire Company’s failure to warn plaintiff and her daughter of Buckley’s prior misconduct was not a proximate cause of the injuries of plaintiffs daughter (see, Howard v Poseidon Pools, 72 NY2d 972; Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315). (Appeal from Order of Supreme Court, Steuben County, Bradstreet, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Wisner, Balio and Fallon, JJ.

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

—Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action on behalf of her 15-year-old daughter, who was sexually molested by defendant Timothy Buckley. Supreme Court properly granted summary judgment to defendant North Corning Volunteer Fire Company (Fire Company) dismissing the complaint against it. It is undisputed that both plaintiff and her daughter were aware of the prior conviction of Buckley for sexually molesting an eight-year-old girl. Thus, the only conclusion to be drawn from the established facts is that the Fire Company’s failure to warn plaintiff and her daughter of Buckley’s prior misconduct was not a proximate cause of the injuries of plaintiffs daughter (see, Howard v Poseidon Pools, 72 NY2d 972; Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315). (Appeal from Order of Supreme Court, Steuben County, Bradstreet, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Wisner, Balio and Fallon, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

251 A.D.2d 1065, 674 N.Y.S.2d 200, 1998 N.Y. App. Div. LEXIS 7166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/constantine-g-p-v-town-of-corning-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack