Opinion
November 16, 1994
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Green, J.P., Pine, Wesley, Callahan and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant Mohawk Containers, Inc., now known as Jefferson Smurfit, Inc., for summary judgment dismissing the complaint against it. The issue of duty is one of law for the courts (De Angelis v. Lutheran Med. Ctr., 58 N.Y.2d 1053, 1055). Under the circumstances of this case, we conclude that the movant owed no duty to the child (see, Pulka v Edelman, 40 N.Y.2d 781; see also, Matthews v. Scotia-Glenville School Sys., 94 A.D.2d 912, lv denied 60 N.Y.2d 559; cf., Gayden v. City of Rochester, 148 A.D.2d 975).