From Casetext: Smarter Legal Research

Torres v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 2002
298 A.D.2d 318 (N.Y. App. Div. 2002)

Opinion

2060

October 31, 2002.

Order, Supreme Court, Bronx County (Paul Victor, J.), entered October 3, 2001, which, inter alia, granted the motion of defendant Welsbach Electric Corporation for summary judgment to the extent of dismissing the complaint against it but denied the motion insofar as it sought dismissal of the cross claims against it and the third-party complaint, unanimously modified, on the law, to grant the motion to the further extent of dismissing the cross claims and third-party complaint, and otherwise affirmed, without costs.

CHERYL EISBERG MOIN, for plaintiff-respondent.

BRENDAN T. FITZPATRICK, for defendants-respondents.

PATRICK J. McCREESH, for defendant-appellant.

Before: Williams, P.J., Rosenberger, Rubin, Friedman, Gonzalez, JJ.


Summary judgment movant Welsbach contracted with defendant City of New York to maintain the traffic signal whose malfunction is alleged by plaintiff to have proximately caused the accident in which plaintiff's decedent died. The complaint against Welsbach was, however, properly dismissed since Welsbach, when it contracted to maintain the subject traffic signal, did not assume a duty to the general public, and thus assumed no duty enforceable by plaintiff (see Francois v. New York City, 161 A.D.2d 319). Nor did Welsbach assume any duty enforceable by defendant cross claimants Mendoza and Ryder Truck Rental and, that being the case, Welsbach's motion should have been granted to the further extent of dismissing the cross claims against it (id.). Summary judgment should also have been granted dismissing the third-party complaint since Welsbach, in support of its motion, made the necessary prima facie showing that it had satisfied such duty as it had contractually undertaken to maintain the traffic signal in question and third-party plaintiff City, electing not to oppose the motion, raised no triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557, 560). Since we have dismissed the action against Welsbach, Welsbach has no standing to object to the discovery ordered against the City.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Torres v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 2002
298 A.D.2d 318 (N.Y. App. Div. 2002)
Case details for

Torres v. City of New York

Case Details

Full title:RAFAEL TORRES, JR., ETC., PLAINTIFF-RESPONDENT, v. THE CITY OF NEW YORK…

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

Date published: Oct 31, 2002

Citations

298 A.D.2d 318 (N.Y. App. Div. 2002)
750 N.Y.S.2d 9

Citing Cases

Phillips v. City of N.Y.

Thus, there is no contractual duty on the part of Jamaica Center for Arts to repair the sidewalk bricks. In…

Lopez v. Carollo Bakery

"Provisions of a lease obligating a tenant to repair the sidewalk do not impose on the tenant a duty to a…