Sussman v. City of New York

Appellate Division of the Supreme Court of New York

Sussman v. City of New York

88 A.D.2d 993, 451 N.Y.S.2d 830, 1982 N.Y. App. Div. LEXIS 17392

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

DecidedJune 28, 1982

StatusPublished

Cited by3 cases

This text of 88 A.D.2d 993 (Sussman v. City of New York) 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

Sussman v. City of New York, 88 A.D.2d 993, 451 N.Y.S.2d 830, 1982 N.Y. App. Div. LEXIS 17392 (N.Y. Ct. App. 1982).

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Opinion

— In an action, inter alia, to recover damages for wrongful death, plaintiff appeals from an order of the Supreme Court, Kings County (Pino, J.), dated April 29, 1981, which granted the defendant City of New York’s motion for summary judgment and dismissed the complaint as against that defendant. Order affirmed, with $50 costs and disbursements. Plaintiff seeks to recover damages resulting from the alleged negligence of the New York City Fire Department in responding to a fire in plaintiff’s apartment. Special Term properly dismissed the complaint as against the city. A municipality cannot be held liable for failure to provide adequate fire protection to an individual absent the existence of a special relationship between that individual and the municipality. {Weiner v Metropolitan Transp. Auth., 55 NY2d 175, 180; Florence v Goldberg, 44 NY2d 189,195.) Damiani, J. P., Titone, Mangano and Brown, JJ., concur.

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— In an action, inter alia, to recover damages for wrongful death, plaintiff appeals from an order of the Supreme Court, Kings County (Pino, J.), dated April 29, 1981, which granted the defendant City of New York’s motion for summary judgment and dismissed the complaint as against that defendant. Order affirmed, with $50 costs and disbursements. Plaintiff seeks to recover damages resulting from the alleged negligence of the New York City Fire Department in responding to a fire in plaintiff’s apartment. Special Term properly dismissed the complaint as against the city. A municipality cannot be held liable for failure to provide adequate fire protection to an individual absent the existence of a special relationship between that individual and the municipality. {Weiner v Metropolitan Transp. Auth., 55 NY2d 175, 180; Florence v Goldberg, 44 NY2d 189,195.) Damiani, J. P., Titone, Mangano and Brown, JJ., concur.

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Bluebook (online)

88 A.D.2d 993, 451 N.Y.S.2d 830, 1982 N.Y. App. Div. LEXIS 17392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sussman-v-city-of-new-york-nyappdiv-1982.

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