Appellate Division of the Supreme Court of New York, 2000

Davis v. New York City Housing Authority

Appellate Division of the Supreme Court of New York · Decided May 8, 2000

272 A.D.2d 365; 707 N.Y.S.2d 212; 2000 N.Y. App. Div. LEXIS 5079

Cases that cite this one

2 later published cases cite this decision.

Khan v. Bangla Motor & Body Shop, Inc. (Appellate Division of the Supreme Court of New York 2006)
Nam Jin Chung v. M & S Deli (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 29, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A defendant, as an out-of-possession owner, may be liable for violation of certain provisions of the Administrative Code of the City of New York, where, as here, it retained a right to reenter (see, Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559). Here, however, the defendant established that the violations in question were not a proximate cause of the *366plaintiffs injuries. As the plaintiff failed to raise a triable issue of fact in that regard, the defendant’s motion for summary judgment was properly granted (see, Hotzoglou v Hotzoglou, 221 AD2d 594; Portilla v Rodriguez, 179 AD2d 631). Santucci, J. P., Friedmann, McGinity and Smith, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.