Opinion
June 22, 1995
Appeal from the Supreme Court, New York County, Charles Ramos, J., Seymour Schwartz, J.
Plaintiff alleged that he sustained serious personal injuries when he was struck by a drunken motorist while standing, with his bicycle, in traffic lanes on Greenwich Street in Manhattan. Plaintiff alleged that he was standing adjacent to a bus stop and was unable to seek refuge on the sidewalk to avoid being struck because cars were illegally parked in the bus stop. Plaintiff alleged that the City was negligent in failing to remove the illegally parked vehicles and claims that the cars were illegally parked there because scaffolding obstructed the bus stop signs.
Summary judgment was properly granted because the defendants had no statutory duty to protect plaintiff and did not violate their "common-law duty to maintain [the] streets in a reasonably safe condition" ( Kenavan v. City of New York, 70 N.Y.2d 558, 568).
Concur — Ellerin, J.P., Wallach, Nardelli, Tom and Mazzarelli, JJ.