Galindez v. City of New York
Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendants Kyu Chon Park and Chung Cha Park appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated January 12, 1996, which denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.
Absent an obligation created by statute or ordinance, an abutting landowner or lessee owes no duty to the public to
Here, the defendant City of New York failed to produce evidentiary proof in admissible form establishing the existence of material questions of fact (see, Israelson v Rubin, 20 AD2d 668, affd 14 NY2d 887). The City’s mere conclusory allegation of a special use by the abutting property owner is insufficient to defeat a motion for summary judgment (see, Shields v Stevens, 55 AD2d 1017). Bracken, J. P., Copertino, Altman and Hart, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.