Garrett v. Town of Greece

• Decision Date: 30 October 1980
• Citation: Garrett v. Town of Greece, 433 N.Y.S.2d 637, 78 A.D.2d 773 (N.Y. App. Div. 1980)
• Parties: Timothy S. GARRETT, as Limited Administrator of the Goods, Chattels and Credits of Nancy J. Garrett, Deceased, and Timothy S. Garrett, Individually, Respondent, v. The TOWN OF GREECE, New York, Appellant, and Holiday Inns, Inc., et al., Defendants.
• Court: New York Supreme Court — Appellate Division

Page 637

433 N.Y.S.2d 637

78 A.D.2d 773

Timothy S. GARRETT, as Limited Administrator of the Goods Chattels and Credits of Nancy J. Garrett Deceased, and Timothy S. Garrett Individually, Respondent, v. The TOWN OF GREECE, New York, Appellant and Holiday Inns, Inc., et al., Defendants.

Supreme Court, Appellate Division, Fourth Department.

Oct. 30, 1980.

Winchell, Connors & Corcoran by Charles Hall, Rochester, for appellant.

Faraci, Guadagnino, Lange & Johns by Angelo Faraci, Rochester, for respondent.

Before CARDAMONE, J. P., and SIMONS, HANCOCK, CALLAHAN and WITMER, JJ.

MEMORANDUM:

Plaintiff's wife died when she was trapped in a fire which destroyed the Holiday Inn Northwest located in the Town of Greece. His complaint alleges that her death was caused by the negligence of the town and its officers (among others) in that the town (1) employed inexperienced and incompetent personnel charged with approving building projects and issuing building permits, (2) failed to require the owners of Holiday Inn Northwest to comply with the applicable codes, ordinances and regulations dealing with building and fire safety, (3) failed adequately to inspect the construction of the motel and (4) failed to enforce its own codes and fire safety requirements. Specifically, he alleges that during construction the town officers authorized a change in the original building plans altering the motel design from a design which complied with the codes to one which did not. He seeks damages for his...