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Gelernt v. 80 CPW Apartments Corp.

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 325 (N.Y. App. Div. 1996)

Opinion

October 29, 1996.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about December 18, 1995, which granted defendant A. Best Contracting's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Before: Sullivan, J. P., Milonas, Rubin, Williams and Andrias, JJ.


We agree with the motion court that plaintiffs act of crossing the room and banging the window to drive away a stranger, asserted by plaintiff to be a "sudden knee-jerk response", was not a foreseeable response to any negligent failure to post notice that workers would be working on or near the building's windows ( see, Boltax v Joy Day Camp, 67 NY2d 617; Wright v New York City Tr. Auth., 221 AD2d 431, lv denied 88 NY2d 806).


Summaries of

Gelernt v. 80 CPW Apartments Corp.

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 325 (N.Y. App. Div. 1996)
Case details for

Gelernt v. 80 CPW Apartments Corp.

Case Details

Full title:ALICIA GELERNT, Appellant, v. 80 CPW APARTMENTS CORP. et al., Respondents

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

Date published: Oct 29, 1996

Citations

232 A.D.2d 325 (N.Y. App. Div. 1996)
648 N.Y.S.2d 917

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