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Williams v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 332 (N.Y. App. Div. 1998)

Opinion

December 7, 1998

Appeal from the Supreme Court, Kings County (Hutcherson, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Liability under General Municipal Law § 205-e is imposed upon a defendant when a plaintiff has made "the required showing that his injuries were practically and reasonably connected to [a] violation by the defendant" of a statute or code ( Hoey v. Kuchler, 249 A.D.2d 365, 368). The defendant New York City Housing Authority (hereinafter the Housing Authority) made out a prima facie case for summary judgment. In opposition, the plaintiff failed to come forward with evidence sufficient to raise a triable issue of fact as to whether the Housing Authority violated any statutory or code provisions or whether any alleged violation was the result of some neglect, omission, or culpable negligence on its part ( see, McCulllagh v. McJunkin, 240 A.D.2d 713). Consequently, the Supreme Court properly granted that branch of the motion of the Housing Authority which was for summary judgment dismissing the plaintiff's cause of action based on General Municipal Law § 205-e insofar as asserted against it.

Rosenblatt, J.P., Santucci, Altman and Friedmann, JJ., concur.


Summaries of

Williams v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 332 (N.Y. App. Div. 1998)
Case details for

Williams v. City of New York

Case Details

Full title:MATTHEW WILLIAMS, Appellant v. CITY OF NEW YORK, Defendant, and NEW YORK…

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

Date published: Dec 7, 1998

Citations

256 A.D.2d 332 (N.Y. App. Div. 1998)
681 N.Y.S.2d 340

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