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Yanas v. Chester Investigational Agency, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1996
230 A.D.2d 845 (N.Y. App. Div. 1996)

Opinion

August 19, 1996


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated November 15, 1995, which granted the respective motions of the defendants for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff was struck in the head from behind by an unknown assailant while near the building in which he lived. At the time, depending on which of the plaintiff's assertions are credited, he was either on a private sidewalk leading to the entrance to his building or on a public sidewalk immediately adjacent thereto. Each of the defendants moved for summary judgment dismissing the complaint.

On the facts presented, the plaintiff has failed to raise a triable issue of fact that would support any finding of liability against the defendants ( see, Daly v City of New York, 227 A.D.2d 432; Concepcion v New York City Hous. Auth., 207 A.D.2d 857; Levya v Riverbay Corp., 206 A.D.2d 150; Allen v New York City Hous. Auth., 203 A.D.2d 313). Accordingly, the complaint was properly dismissed. Rosenblatt, J.P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Yanas v. Chester Investigational Agency, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1996
230 A.D.2d 845 (N.Y. App. Div. 1996)
Case details for

Yanas v. Chester Investigational Agency, Inc.

Case Details

Full title:PEDRO A.L. YANAS, Appellant, v. CHESTER INVESTIGATIONAL AGENCY, INC., et…

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

Date published: Aug 19, 1996

Citations

230 A.D.2d 845 (N.Y. App. Div. 1996)
646 N.Y.S.2d 632

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