Kaplan v. New York Paving, Inc.

Appellate Division of the Supreme Court of New York

Kaplan v. New York Paving, Inc.

150 A.D.2d 344, 543 N.Y.S.2d 264, 1989 N.Y. App. Div. LEXIS 5682

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

DecidedMay 1, 1989

StatusPublished

This text of 150 A.D.2d 344 (Kaplan v. New York Paving, 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

Kaplan v. New York Paving, Inc., 150 A.D.2d 344, 543 N.Y.S.2d 264, 1989 N.Y. App. Div. LEXIS 5682 (N.Y. Ct. App. 1989).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Lerner, J.), dated January 4, 1988, which granted a motion by the defendant Jamaica Buses, Inc., for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff Jules A. Kaplan was injured when the motorcycle he was driving allegedly hit a hole or depression in a bus stop used by the respondent Jamaica Buses, Inc. He and his wife brought suit against, inter alia, the respondent Jamaica Buses, Inc., and the City of New York. Care and repair of the city street upon which the bus stop was located is a duty and responsibility of the City of New York (see, Feintuch v New York City Tr. Auth., NYU, July 31, 1986, at 12, col 1). There has been nothing shown by the plaintiffs in opposition to the respondent’s motion, nor anything that we can discern, which shifted this duty to the respondent. Kunzeman, J. P., Rubin, Eiber and Rosenblatt, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Lerner, J.), dated January 4, 1988, which granted a motion by the defendant Jamaica Buses, Inc., for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff Jules A. Kaplan was injured when the motorcycle he was driving allegedly hit a hole or depression in a bus stop used by the respondent Jamaica Buses, Inc. He and his wife brought suit against, inter alia, the respondent Jamaica Buses, Inc., and the City of New York. Care and repair of the city street upon which the bus stop was located is a duty and responsibility of the City of New York (see, Feintuch v New York City Tr. Auth., NYU, July 31, 1986, at 12, col 1). There has been nothing shown by the plaintiffs in opposition to the respondent’s motion, nor anything that we can discern, which shifted this duty to the respondent. Kunzeman, J. P., Rubin, Eiber and Rosenblatt, JJ., concur.

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Bluebook (online)

150 A.D.2d 344, 543 N.Y.S.2d 264, 1989 N.Y. App. Div. LEXIS 5682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaplan-v-new-york-paving-inc-nyappdiv-1989.