Wager v. General Motors Corp.

Appellate Division of the Supreme Court of New York

Wager v. General Motors Corp.

236 A.D.2d 604, 654 N.Y.S.2d 693, 1997 N.Y. App. Div. LEXIS 1545

Appellate Division of the Supreme Court of the State of New York·Decided February 24, 1997·Published·Cited by 1 cases

Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), entered January 12, 1996, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant established that the location of the air conditioning unit which allegedly caused the injuries sustained by the plaintiff Augustus I. Wager was in accordance with the requirements and specifications of his employer. There was no basis for a finding of liability against the defendant (see, Leahy v Mid-West Conveyor Co., 120 AD2d 16, 18-20). In opposition to the defendant’s motion, the plaintiffs failed to raise any issue of fact. Thus, the defendant’s motion for summary judgment was properly granted. Miller, J. P., Thompson, Joy and Luciano, 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, Dutchess County (Beisner, J.), entered January 12, 1996, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant established that the location of the air conditioning unit which allegedly caused the injuries sustained by the plaintiff Augustus I. Wager was in accordance with the requirements and specifications of his employer. There was no basis for a finding of liability against the defendant (see, Leahy v Mid-West Conveyor Co., 120 AD2d 16, 18-20). In opposition to the defendant’s motion, the plaintiffs failed to raise any issue of fact. Thus, the defendant’s motion for summary judgment was properly granted. Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

Wager v. General Motors Corp., 236 A.D.2d 604, 654 N.Y.S.2d 693, 1997 N.Y. App. Div. LEXIS 1545 (N.Y. Ct. App. 1997).

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Opinion

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