Garrett v. Town of Greece

Decision Date30 October 1980
Citation433 N.Y.S.2d 637,78 A.D.2d 773
PartiesTimothy 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.
CourtNew York Supreme Court — Appellate Division

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 wife's wrongful death, her conscious pain and suffering and for his loss of consortium.

Special Term erred in denying the town's motion for summary judgment. Plaintiff has alleged no more than a violation by the town of a general duty owed to the public at large, conduct which does not impose upon it any liability to plaintiff (see Sanchez v. Village of Liberty, 42 N.Y.2d 876, 397 N.Y.S.2d 782, 366 N.E.2d 870; Gordon v. Holt, 65 A.D.2d 344, 412 N.Y.S.2d 534; mot. for lv. to app. den. 47 N.Y.2d 710, 419 N.Y.S.2d 1026, 393 N.E.2d 1049; Ascrizzi v. Kaufman, 57 A.D.2d 643, 393 N.Y.S.2d 216).

Order unanimously reversed without costs, motion granted and complaint dismissed.

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19 cases
  • US v. Hooker Chemicals & Plastics Corp.
    • United States
    • U.S. District Court — Western District of New York
    • 17 Julio 1990
    ...town of a general duty owed to the public at large, conduct which does not impose upon it any liability to plaintiff." Garrett v. Town of Greece, 78 A.D.2d 773, 433 N.Y. S.2d 637 (4th Dep't 1980), aff'd, 55 N.Y.2d 774, 447 N.Y.S.2d 246, 431 N.E.2d 971 11 The court added that while such liab......
  • Leland v. Moran
    • United States
    • U.S. District Court — Northern District of New York
    • 22 Junio 2000
    ...in the Garrett case determined that the town did not owe a special duty directly to the hotel guests. See Garrett v. Town of Greece, 78 A.D.2d 773, 433 N.Y.S.2d 637 (4th Dep't 1980), aff'd, 55 N.Y.2d 774, 431 N.E.2d 971, 447 N.Y.S.2d 246 ...
  • Bain v. Town of Hempstead
    • United States
    • U.S. District Court — Eastern District of New York
    • 5 Febrero 2021
    ...plaintiff must demonstrate "more than a violation by the town of a general duty owed to the public at large." Garrett v. Town of Greece, 78 A.D.2d 773, 774, 433 N.Y.S.2d 637 (1980), aff'd sub nom. Garrett v. Town of Greece, New York, 55 N.Y.2d 774, 431 N.E.2d 971 (1981). Here, the Town poli......
  • Sommer v. Federal Signal Corp.
    • United States
    • New York Court of Appeals Court of Appeals
    • 12 Mayo 1992
    ... ... between the absence of liability to an injured party, and the absence of a duty (see, e.g., Garrett v. Holiday Inns, 58 N.Y.2d 253, 259, 460 N.Y.S.2d 774, 447 N.E.2d 717). Often, the absence of ... 774, 447 N.E.2d 717, supra, a motel fire led to lawsuits by guests against the motel and the town. We found that the town had no duty to the guests upon which it could be sued, and affirmed ssal of the complaint against it (Garrett v. Town of Greece, 55 N.Y.2d 774, 447 N.Y.S.2d 246, 431 N.E.2d 971, affg. on opn below 78 A.D.2d 773, 433 N.Y.S.2d ... ...
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