Williams v. New York City Housing Authority

235 A.D.2d 263, 652 N.Y.S.2d 525, 1997 N.Y. App. Div. LEXIS 292

Opinion

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about October 20, 1995, which, inter alia, granted third-party defendant’s motion and defendant’s cross motion for summary judgment dismissing the amended complaint, unanimously affirmed, without costs.

Under the circumstances, as a matter of law, the movants owed no duty of care to the infant plaintiff, who was injured as a result of a third person’s intentional, exceptional and unforeseeable act and, in any event, the intervening act of the third person constituted a superseding cause of plaintiff’s injuries, which would relieve movants of any liability to plaintiff (Pulka v Edelman, 40 NY2d 781; see, Elardo v Town of Oyster Bay, 176 AD2d 912). Concur—Murphy, P. J., Sullivan, Rosenberger, Williams and Andrias, JJ.