Stith v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Stith v. New York City Housing Authority

235 A.D.2d 209, 690 N.Y.S.2d 845, 1997 N.Y. App. Div. LEXIS 37

Appellate Division of the Supreme Court of the State of New York·Decided January 7, 1997·Published

Opinion

Judgment, Supreme Court, Bronx County (Kenneth Thompson, J., and a jury), entered on October 10, 1995, in favor of defendant, unanimously affirmed, without costs.

Under the circumstances herein, proximate cause clearly was not established (Wright v New York City Hous. Auth., 208 AD2d 327, 330-331; Kirsten M. v Bettina Equities Co., 222 AD2d 201, lv denied 88 NY2d 813; Rojas v Lynn, 218 AD2d 611, lv denied 87 NY2d 804). Since defendant landlord is not liable, we do not reach the issue concerning the applicability of CPLR article 16. Concur—Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.

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Judgment, Supreme Court, Bronx County (Kenneth Thompson, J., and a jury), entered on October 10, 1995, in favor of defendant, unanimously affirmed, without costs.

Under the circumstances herein, proximate cause clearly was not established (Wright v New York City Hous. Auth., 208 AD2d 327, 330-331; Kirsten M. v Bettina Equities Co., 222 AD2d 201, lv denied 88 NY2d 813; Rojas v Lynn, 218 AD2d 611, lv denied 87 NY2d 804). Since defendant landlord is not liable, we do not reach the issue concerning the applicability of CPLR article 16. Concur—Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.

Stith v. New York City Housing Authority, 235 A.D.2d 209, 690 N.Y.S.2d 845, 1997 N.Y. App. Div. LEXIS 37 (N.Y. Ct. App. 1997).

Pincite

235 A.D.2d 209 (Stith v. New York City Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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