Zwaanswijk v. City of New York

Full title: JULIETTE ZWAANSWIJK, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Feb 2, 1998

247 A.D.2d 379 (N.Y. App. Div. 1998)

667 N.Y.S.2d 937

Opinion

February 2, 1998

Appeal from the Supreme Court, Queens County (Price, J.).

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

Upon granting the plaintiff's motion for renewal, the Supreme Court properly adhered to its prior determination which dismissed the complaint insofar as asserted against the defendant City of New York. The City breached no duty of care to the injured plaintiff ( see, e.g., Tomassi v. Town of Union, 46 N.Y.2d 91, 97; Weiss v. Fote, 7 N.Y.2d 579; Demesmin v. Town of Islip, 147 A.D.2d 519, 520).

O'Brien, J. P., Thompson, Santucci and McGinity, JJ., concur.