Wolff v. City of New York

Appellate Division of the Supreme Court of New York

Wolff v. City of New York

190 A.D.2d 732, 593 N.Y.S.2d 83, 1993 N.Y. App. Div. LEXIS 1034

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

DecidedFebruary 8, 1993

StatusPublished

Cited by4 cases

This text of 190 A.D.2d 732 (Wolff 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

Wolff v. City of New York, 190 A.D.2d 732, 593 N.Y.S.2d 83, 1993 N.Y. App. Div. LEXIS 1034 (N.Y. Ct. App. 1993).

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Opinion

— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Nahman, J.), dated October 29, 1990, which granted the defendant’s motion for summary judgment.

Ordered that the order is affirmed, with costs.

The plaintiff, an employee of the Department of Sanitation, seeks to recover damages for personal injuries sustained as a result of an assault by an intruder in the Department of Sanitation Headquarters in Maspeth Queens where he was employed as a night watchman. The defendant cannot be held liable for injuries sustained by the plaintiff absent a showing that it owed a special duty to him. There was no allegation that the defendant, by words or actions assumed a duty to act on his behalf (see, Cuffy v City of New York, 69 NY2d 255, 260). Bracken, J. P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

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— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Nahman, J.), dated October 29, 1990, which granted the defendant’s motion for summary judgment.

Ordered that the order is affirmed, with costs.

The plaintiff, an employee of the Department of Sanitation, seeks to recover damages for personal injuries sustained as a result of an assault by an intruder in the Department of Sanitation Headquarters in Maspeth Queens where he was employed as a night watchman. The defendant cannot be held liable for injuries sustained by the plaintiff absent a showing that it owed a special duty to him. There was no allegation that the defendant, by words or actions assumed a duty to act on his behalf (see, Cuffy v City of New York, 69 NY2d 255, 260). Bracken, J. P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

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Bluebook (online)

190 A.D.2d 732, 593 N.Y.S.2d 83, 1993 N.Y. App. Div. LEXIS 1034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolff-v-city-of-new-york-nyappdiv-1993.

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