Young v. Friedel

Full title: MICHAEL YOUNG, Respondent, v. GARY FRIEDEL et al., Appellants

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

Date published: Feb 23, 1998

247 A.D.2d 613 (N.Y. App. Div. 1998)

669 N.Y.S.2d 226

Opinion

February 23, 1998

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

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was assaulted on a public street outside his workplace. The plaintiff failed to establish prima facie that but for the defendants' failure to install a working telephone inside his workplace, the assault would not have taken place ( see, Melville v. New York City Hous. Auth., 242 A.D.2d 244).

Accordingly, we grant summary judgment to the defendants dismissing the complaint.

O'Brien, J.P., Sullivan, Friedmann and Goldstein, JJ., concur.