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Williams v. New York City Housing Auth

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 263 (N.Y. App. Div. 1997)

Opinion

January 16, 1997.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about October 20, 1995, which, inter alia, granted third-party defendant's motion and defendant's cross motion for summary judgment dismissing the amended complaint, unanimously affirmed, without costs.

Before: Murphy, P. J., Sullivan, Rosenberger, Williams and Andrias, JJ.


Under the circumstances, as a matter of law, the movants owed no duty of care to the infant plaintiff, who was injured as a result of a third person's intentional, exceptional and unforeseeable act and, in any event, the intervening act of the third person constituted a superseding cause of plaintiffs injuries, which would relieve movants of any liability to plaintiff ( Pulka v Edelman, 40 NY2d 781; see, Elardo v Town of Oyster Bay, 176 AD2d 912).


Summaries of

Williams v. New York City Housing Auth

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 263 (N.Y. App. Div. 1997)
Case details for

Williams v. New York City Housing Auth

Case Details

Full title:JAMES A. WILLIAMS, an Infant, by His Father and Natural Guardian, JAMES…

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

Date published: Jan 16, 1997

Citations

235 A.D.2d 263 (N.Y. App. Div. 1997)
652 N.Y.S.2d 525