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Wheeler v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1998
253 A.D.2d 463 (N.Y. App. Div. 1998)

Opinion

August 10, 1998

Appeal from the Supreme Court, Kings County (R. Goldberg, J.).


Ordered that the order is affirmed, with costs.

The plaintiff's decedent sustained fatal injuries when he fell from a scaffolding which was being constructed as part of a building demolition project. The undisputed evidence demonstrated that neither the City of New York nor the New York City Department of Housing Preservation and Development owned the building in question. Accordingly, the Supreme Court properly granted summary judgment dismissing the plaintiff's claims against those defendants (see, Jones v. City of New York, 173 A.D.2d 682; Hauser v. State of New York, 147 A.D.2d 615).

Mangano, P. J., Copertino, Joy and Florio, JJ., concur.


Summaries of

Wheeler v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1998
253 A.D.2d 463 (N.Y. App. Div. 1998)
Case details for

Wheeler v. City of New York

Case Details

Full title:BESSIE M. WHEELER, Individually and as Administrator of the Estate of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 10, 1998

Citations

253 A.D.2d 463 (N.Y. App. Div. 1998)
675 N.Y.S.2d 325

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