Doda v. City of New York

• Decision Date: 12 April 2004
• Docket Number: 2003-00979.
• Citation: 774 N.Y.S.2d 433,6 A.D.3d 490,2004 NY Slip Op 02709
• Parties: RONALD J. DODA et al., Appellants-Respondents, v. CITY OF NEW YORK et al., Defendants, and WEST INDIAN AMERICAN DAY CARNIVAL ASSOCIATION, INC., Respondent-Appellant.
• Court: New York Supreme Court — Appellate Division

6 A.D.3d 490

774 N.Y.S.2d 433

2004 NY Slip Op 02709

RONALD J. DODA et al., Appellants-Respondents, v. CITY OF NEW YORK et al., Defendants, and WEST INDIAN AMERICAN DAY

CARNIVAL ASSOCIATION, INC., Respondent-Appellant.

2003-00979.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 12, 2004.

In a consolidated action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated December 2, 2002, as granted that branch of the motion of the defendant West Indian American Day Carnival Association, Inc., which was for summary judgment dismissing the cause of action based on General Municipal Law § 205-e insofar as asserted against it, and the defendant West Indian American Day Carnival Association, Inc., cross-appeals, as limited by its brief, from so much of the same order as denied that branch of its motion which was for summary judgment dismissing the plaintiffs' common-law negligence causes of action insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The defendant West Indian American Day Carnival Association, Inc. (hereinafter the Association), was entitled to summary judgment dismissing the plaintiff's cause of action based on General Municipal Law § 205-e insofar as asserted against it since it established that the plaintiff's injuries were not caused by its negligent failure to comply with the "requirements of any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town or city governments or of any and all their departments, divisions and bureaus" (General Municipal Law § 205-e [1]; see Galapo v City of New York, 95 NY2d 568 [2000]). In opposition, the plaintiffs failed to raise a triable issue of fact as to whether their injuries were so caused (see General Municipal Law § 205-e [1]; Zuckerman v City of New York, 49 NY2d 557 [1980]; Brunelle v City of New York, 269 AD2d 347 [2000]).

The Association failed to satisfy its burden on that branch of its motion which was for summary judgment seeking dismissal of the common-law negligence causes of action, as it did not establish its entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). The Association did not submit any evidence with its moving...