Russell v. New York City Police Department

Appellate Division of the Supreme Court of New York

Russell v. New York City Police Department

215 A.D.2d 199, 626 N.Y.S.2d 179, 1995 N.Y. App. Div. LEXIS 5018

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

DecidedMay 11, 1995

StatusPublished

This text of 215 A.D.2d 199 (Russell v. New York City Police Department) 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

Russell v. New York City Police Department, 215 A.D.2d 199, 626 N.Y.S.2d 179, 1995 N.Y. App. Div. LEXIS 5018 (N.Y. Ct. App. 1995).

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Opinion

Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about November 30, 1993, which granted the motion of defendant Effective Security Systems for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff alleged that defendants negligently maintained the police barricades, which were located in and around Radio City Music Hall, where she worked, one of which fell on her foot. Defendant-appellant’s assertion that the court erred by granting defendant-respondent’s motion for summary judgment against it in this action is without merit. Respondent submitted billing records which established that it had not provided any security services for plaintiff’s employer for the several weeks preceding her injury, and thus plaintiff’s conclusory and unsubstantiated assertions that respondent’s employees were present and handled the police barricades during and around the time of her accident are insufficient to raise a triable issue of material fact. We have considered defendant-appellant’s other contentions and find them to be without merit. Concur—Murphy, P. J., Rubin, Ross, Williams and Tom, JJ.

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Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about November 30, 1993, which granted the motion of defendant Effective Security Systems for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff alleged that defendants negligently maintained the police barricades, which were located in and around Radio City Music Hall, where she worked, one of which fell on her foot. Defendant-appellant’s assertion that the court erred by granting defendant-respondent’s motion for summary judgment against it in this action is without merit. Respondent submitted billing records which established that it had not provided any security services for plaintiff’s employer for the several weeks preceding her injury, and thus plaintiff’s conclusory and unsubstantiated assertions that respondent’s employees were present and handled the police barricades during and around the time of her accident are insufficient to raise a triable issue of material fact. We have considered defendant-appellant’s other contentions and find them to be without merit. Concur—Murphy, P. J., Rubin, Ross, Williams and Tom, JJ.

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Bluebook (online)

215 A.D.2d 199, 626 N.Y.S.2d 179, 1995 N.Y. App. Div. LEXIS 5018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-new-york-city-police-department-nyappdiv-1995.