Rapino v. City of New York

Full title: DANIEL RAPINO et al., Appellants, v. CITY OF NEW YORK, Defendant, and…

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

Date published: Mar 15, 1999

259 A.D.2d 608 (N.Y. App. Div. 1999)

684 N.Y.S.2d 915

Opinion

March 15, 1999

Appeal from the Supreme Court, Richmond County (Mastro, J.).

Ordered that the order is reversed insofar as appealed from, with costs, that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant American Golf Corporation is denied, and the complaint is reinstated insofar as asserted against that defendant.

The Supreme Court erred in granting that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant American Golf Corporation ( see, Drennen v. City of New York, 256 A.D.2d 379; Longo v. American Golf Corp., 256 A.D.2d 387; see also, Palka v. Servicemaster Mgt. Servs. Corp., 83 N.Y.2d 579).

Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.