Morales v. Hefran Realty Co., Inc.

Full title: JOHN MORALES, Appellant, v. HEFRAN REALTY CO., INC., Defendant, and…

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

Date published: Mar 7, 1994

202 A.D.2d 407 (N.Y. App. Div. 1994)

609 N.Y.S.2d 850

Opinion

March 7, 1994

Appeal from the Supreme Court, Westchester County (Wood, J.).

Ordered that the order is affirmed, with one bill of costs.

Summary judgment was properly granted in favor of the movants because there is no evidence in the record that the subject accident resulted from the negligence of the Horizon Elevator Co., Inc. (hereinafter Horizon). Additionally, there is no evidence that Horizon had knowledge of the allegedly defective condition or failed to use reasonable care to discover and correct a condition which it ought to have found (see, Rogers v Dorchester Assocs., 32 N.Y.2d 553, 559; see also, Di Marco v Westinghouse Elec. Corp., 170 A.D.2d 760). Upon dismissal of the main action, the third-party action commenced by Horizon was also properly dismissed. Sullivan, J.P., Santucci, Goldstein and Floria, JJ., concur.