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Daddio v. American Golf Corporation

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 301 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated January 24, 1996, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff brought the instant personal injury action to recover for damages allegedly suffered when she tripped and fell due to a defect in the public sidewalk outside Dyker Heights Golf Course, which is owned by the City of New York and operated and maintained by the defendant American Golf Corporation (hereinafter AGC). The court properly awarded AGC summary judgment, as AGC owed a contractual duty to the City, not to the plaintiff, a member of the public, to maintain the golf course and its surrounding areas ( see, Pizzaro v. City of New York, 188 A.D.2d 591, 593-594; Francois v. New York City, 161 A.D.2d 319). Rosenblatt, J.P., Pizzuto, Krausman and Florio, JJ., concur.


Summaries of

Daddio v. American Golf Corporation

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 301 (N.Y. App. Div. 1997)
Case details for

Daddio v. American Golf Corporation

Case Details

Full title:ANN DADDIO, Appellant, v. AMERICAN GOLF CORPORATION, Respondent

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

Date published: Apr 7, 1997

Citations

238 A.D.2d 301 (N.Y. App. Div. 1997)
656 N.Y.S.2d 278

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