Weiss v. Village of Briarcliff Manor

Appellate Division of the Supreme Court of New York

Weiss v. Village of Briarcliff Manor

239 A.D.2d 571, 658 N.Y.S.2d 969, 1997 N.Y. App. Div. LEXIS 5662

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

DecidedMay 27, 1997

StatusPublished

This text of 239 A.D.2d 571 (Weiss v. Village of Briarcliff Manor) 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

Weiss v. Village of Briarcliff Manor, 239 A.D.2d 571, 658 N.Y.S.2d 969, 1997 N.Y. App. Div. LEXIS 5662 (N.Y. Ct. App. 1997).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered May 23, 1996, as granted the motion of the defendant County of Westchester for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

On September 6, 1994, the plaintiff Jewel Weiss was struck by a vehicle as she walked along the side of Pleasantville Road, on the paved road surface, in the Village of Briarcliff Manor. It is well settled that "[i]n order to establish a prima facie case of negligence, a plaintiff must first demonstrate the existence of a duty owed by the defendant to the plaintiff” (Schulman v City of New York, 190 AD2d 663). Under the facts of this case, the plaintiff has failed to demonstrate any duty owed to her by the defendant County of Westchester, which did not own the roadway where the accident took place (see generally, Estate of Konstantatos v County of Suffolk, 208 AD2d 889). Accordingly, the Supreme Court properly granted the motion of the defendant County of Westchester for summary judgment dismissing the complaint insofar as asserted against it.

The plaintiffs’ remaining contentions are without merit. Bracken, J. P., Copertino, Pizzuto and Santucci, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered May 23, 1996, as granted the motion of the defendant County of Westchester for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

On September 6, 1994, the plaintiff Jewel Weiss was struck by a vehicle as she walked along the side of Pleasantville Road, on the paved road surface, in the Village of Briarcliff Manor. It is well settled that "[i]n order to establish a prima facie case of negligence, a plaintiff must first demonstrate the existence of a duty owed by the defendant to the plaintiff” (Schulman v City of New York, 190 AD2d 663). Under the facts of this case, the plaintiff has failed to demonstrate any duty owed to her by the defendant County of Westchester, which did not own the roadway where the accident took place (see generally, Estate of Konstantatos v County of Suffolk, 208 AD2d 889). Accordingly, the Supreme Court properly granted the motion of the defendant County of Westchester for summary judgment dismissing the complaint insofar as asserted against it.

The plaintiffs’ remaining contentions are without merit. Bracken, J. P., Copertino, Pizzuto and Santucci, JJ., concur.

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Bluebook (online)

239 A.D.2d 571, 658 N.Y.S.2d 969, 1997 N.Y. App. Div. LEXIS 5662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-village-of-briarcliff-manor-nyappdiv-1997.

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