Wheeler v. City of New York

Appellate Division of the Supreme Court of New York

Wheeler v. City of New York

253 A.D.2d 463, 675 N.Y.S.2d 325, 1998 N.Y. App. Div. LEXIS 8842

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

DecidedAugust 10, 1998

StatusPublished

This text of 253 A.D.2d 463 (Wheeler 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

Wheeler v. City of New York, 253 A.D.2d 463, 675 N.Y.S.2d 325, 1998 N.Y. App. Div. LEXIS 8842 (N.Y. Ct. App. 1998).

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Opinion

In an action to recover damages for personal injuries and [464]*464wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated July 10, 1997, which denied her motion for partial summary judgment against the defendants City of New York and the New York City Department of Housing Preservation and Development and granted the cross motion of those defendants for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff’s decedent sustained fatal injuries when he fell from a scaffolding which was being constructed as part of a building demolition project. The undisputed evidence demonstrated that neither the City of New York nor the New York City Department of Housing Preservation and Development owned the building in question. Accordingly, the Supreme Court properly granted summary judgment dismissing the plaintiff’s claims against those defendants (see, Jones v City of New York, 173 AD2d 682; Hauser v State of New York, 147 AD2d 615). Mangano, P. J., Copertino, Joy and Florio, JJ., concur.

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In an action to recover damages for personal injuries and [464]*464wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated July 10, 1997, which denied her motion for partial summary judgment against the defendants City of New York and the New York City Department of Housing Preservation and Development and granted the cross motion of those defendants for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff’s decedent sustained fatal injuries when he fell from a scaffolding which was being constructed as part of a building demolition project. The undisputed evidence demonstrated that neither the City of New York nor the New York City Department of Housing Preservation and Development owned the building in question. Accordingly, the Supreme Court properly granted summary judgment dismissing the plaintiff’s claims against those defendants (see, Jones v City of New York, 173 AD2d 682; Hauser v State of New York, 147 AD2d 615). Mangano, P. J., Copertino, Joy and Florio, JJ., concur.

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Bluebook (online)

253 A.D.2d 463, 675 N.Y.S.2d 325, 1998 N.Y. App. Div. LEXIS 8842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-city-of-new-york-nyappdiv-1998.

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