Karger v. City of Rochester

Appellate Division of the Supreme Court of New York

Karger v. City of Rochester

77 A.D.2d 816, 430 N.Y.S.2d 454, 1980 N.Y. App. Div. LEXIS 12601

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

DecidedJuly 10, 1980

StatusPublished

This text of 77 A.D.2d 816 (Karger v. City of Rochester) 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

Karger v. City of Rochester, 77 A.D.2d 816, 430 N.Y.S.2d 454, 1980 N.Y. App. Div. LEXIS 12601 (N.Y. Ct. App. 1980).

Pincite

Opinion

[817]*817Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: Defendant Landmark Society of Western New York, Inc. (Landmark) appeals from the denial of its motion for summary judgment dismissing the complaint against it in this action for damages arising from injuries suffered by plaintiff Jack Karger when he fell on a sidewalk and for derivative damages suffered by his wife Helen Karger. The record establishes conclusively that the sidewalk where the accident occurred and the adjacent parking lot from which debris was allegedly allowed to run off onto the sidewalk were not located on property owned by Landmark and that Landmark did not have a duty to maintain the sidewalk or the parking lot. There is no proof of any negligence on the part of Landmark which could have caused or contributed to plaintiffs’ damages. (Appeal from order of Monroe Supreme Court—summary judgment.) Present—Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.

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

[817]*817Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: Defendant Landmark Society of Western New York, Inc. (Landmark) appeals from the denial of its motion for summary judgment dismissing the complaint against it in this action for damages arising from injuries suffered by plaintiff Jack Karger when he fell on a sidewalk and for derivative damages suffered by his wife Helen Karger. The record establishes conclusively that the sidewalk where the accident occurred and the adjacent parking lot from which debris was allegedly allowed to run off onto the sidewalk were not located on property owned by Landmark and that Landmark did not have a duty to maintain the sidewalk or the parking lot. There is no proof of any negligence on the part of Landmark which could have caused or contributed to plaintiffs’ damages. (Appeal from order of Monroe Supreme Court—summary judgment.) Present—Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

77 A.D.2d 816, 430 N.Y.S.2d 454, 1980 N.Y. App. Div. LEXIS 12601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karger-v-city-of-rochester-nyappdiv-1980.