From Casetext: Smarter Legal Research

Fernandez v. New York Hilton Joint Venture

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 338 (N.Y. App. Div. 2000)

Opinion

April 20, 2000.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered March 19, 1999, which granted the motion of defendants New York Hilton Joint Venture, Hotel Waldorf Astoria Corp., and Hilton Hotels Corp. for summary judgment dismissing the complaint and cross claims as against them, unanimously affirmed, without costs.

Brian J. Isaac, for plaintiffs-appellants.

David Metzger, for defendants-respondents.

Andrew L. Klauber, for defendants-appellants.

NARDELLI, J.P., TOM, ELLERIN, LERNER, ANDRIAS, JJ.


In this action to recover for personal injuries sustained by plaintiff when he was struck by a vehicle in the driveway of defendants-respondents' hotel, the court properly granted the hotel defendants' motion for summary judgment dismissing the complaint and cross claims as against them since they made a sufficient prima facie showing of entitlement to judgment in their favor and plaintiffs, in response, failed to raise a triable issue of fact (see, Zucherman v. City of New York, 49 N.Y.2d 557). The complaint must be dismissed because the hotel had no legal duty to control the operation of the third-party automobile which struck plaintiff when the operator of the offending vehicle backed-up in disregard of the plainly established one-way traffic flow in the hotel driveway (see, Pulka v. Edelman, 40 N.Y.2d 781).

We have considered appellants' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Fernandez v. New York Hilton Joint Venture

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 338 (N.Y. App. Div. 2000)
Case details for

Fernandez v. New York Hilton Joint Venture

Case Details

Full title:CRISTOBAL APARICIO FERNANDEZ, et al., Plaintiffs-Appellants, v. NEW YORK…

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

Date published: Apr 20, 2000

Citations

271 A.D.2d 338 (N.Y. App. Div. 2000)
706 N.Y.S.2d 642

Citing Cases

Stankowski v. Kim

Such proof is lacking here. Finally, there is no merit to plaintiff's contention that Post Taback had a duty…