Solomon by Solomon v. City of New York

CourtNew York Court of Appeals
Writing for the CourtWACHTLER
Citation499 N.Y.S.2d 392,66 N.Y.2d 1026,489 N.E.2d 1294
Parties, 489 N.E.2d 1294 Carolyn SOLOMON, an Infant, by Her Father and Natural Guardian, Arthur SOLOMON, et al., Appellants, v. CITY OF NEW YORK, Respondent.
Decision Date26 December 1985

Page 392

499 N.Y.S.2d 392
66 N.Y.2d 1026, 489 N.E.2d 1294
Carolyn SOLOMON, an Infant, by Her Father and Natural
Guardian, Arthur SOLOMON, et al., Appellants,
v.
CITY OF NEW YORK, Respondent.
Court of Appeals of New York.
Dec. 26, 1985.

Cheryl Eisberg Moin, for appellants.

Frederick A.O. Schwarz, Jr., Corp. Counsel (Miriam Skolnik, New York City, of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, 111 A.D.2d 802, 490 N.Y.S.2d 547, should be affirmed, with costs.

To establish a prima facie case of negligence, a plaintiff must demonstrate (1) a duty owed by the defendant to the plaintiff, (2) a breach thereof, and (3) injury proximately resulting therefrom (Akins v. Glens Falls City School Dist., 53 N.Y.2d 325, 333, 441 N.Y.S.2d 644, 424 N.E.2d 531, citing Prosser, Torts § 30, at 143 [4th ed.] ). In its proprietory capacity, "a municipality is under a duty to maintain its park and

Page 393

playground facilities in a reasonably safe condition" (Nicholson v. Board of Educ., 36 N.Y.2d 798, 799, 369 N.Y.S.2d 703, 330 N.E.2d 651). This duty "includes not only physical care of the property but also prevention of ultrahazardous and criminal activity of which it has knowledge" (Benjamin v. City of New York, 64 N.Y.2d 44, 46, 484 N.Y.S.2d 525, 473 N.E.2d 753). Bicycle riding on a busy promenade does not rise to the level of "ultrahazardous and criminal" (see, Zarillo v. State of New York, 8 A.D.2d 651, 185 N.Y.S.2d 101, affd. 7 N.Y.2d 943, 198 N.Y.S.2d 314; cf. Benjamin v. City of New York, 64 N.Y.2d 44, 484 N.Y.S.2d 525, 473 N.E.2d 753, supra; Caldwell v. Village of Is. Park, 304 N.Y. 268, 107 N.E.2d 441; Nicholson v. Board of Educ., 36 N.Y.2d 798, 369 N.Y.S.2d 703, 330 N.E.2d 651, supra ). Thus, as a matter of law, the city did not breach its duty to plaintiffs.

Nor has plaintiff stated a cause of action based on the city's alleged failure to enforce the regulations prohibiting bicycle riding in the area where the infant plaintiff was injured. By promulgating and enforcing these regulations, intended for the protection of the general public, defendant did not assume a special relationship toward the infant plaintiff carrying with it a special duty to protect the latter from the prohibited activity (Sorichetti v. City of New York, 65 N.Y.2d 461, 468, 492 N.Y.S.2d 591, 482 N.E.2d 70; De Long v. County of Erie, 60 N.Y.2d 296, 304, 469 N.Y.S.2d 611, 457 N.E.2d 717; Florence v. Goldberg, 44 N.Y.2d 189,...

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328 practice notes
  • Sang v. Ming Hai & Law Offices of Ming Hai, P.C., No. 12 Civ. 7103(JPO).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 27, 2013
    ...of that breach.” Di Benedetto v. Pan Am World Serv., 359 F.3d 627, 630 (2d Cir.2004) (citing Solomon by Solomon v. City of New York, 66 N.Y.2d 1026, 1027, 499 N.Y.S.2d 392, 489 N.E.2d 1294 (N.Y.1985)). Without damages, a claim for breach of duty must fail. “To plead proximate cause, the com......
  • Vumbaca v. Terminal One Grp. Ass'n L.P., No. 11–CV–5535.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • April 20, 2012
    ...by the defendant to the plaintiff, (2) a breach thereof, and (3) injury proximately resulting therefrom.” Solomon v. City of New York, 66 N.Y.2d 1026, 499 N.Y.S.2d 392, 489 N.E.2d 1294, 1294 (1985); see also Japan Airlines Co. v. Port Authority of New York and New Jersey, 178 F.3d 103, 109 ......
  • Nipon v. Yale Club of N.Y.C., 13 Civ. 1414 (HBP)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 18, 2014
    ...proximately resulting therefrom.'" Lerner v. Fleet Bank, N.A., 459 F.3d 273, 286 (2d Cir. 2006), quoting Solomon v. City of New York, 66 N.Y.2d 1026, 1027, 489 N.E.2d 1294, 1294, 499 N.Y.S.2d 392, 392 (1985). When the claim is based on an alleged defect in defendant's premises, plaintiff mu......
  • Stagl v. Delta Airlines, Inc., No. 423
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 17, 1995
    ...breached that duty; and (3) the plaintiff suffered damage as a proximate result of that breach. See Solomon v. City of New York, 66 N.Y.2d 1026, 1027, 499 N.Y.S.2d 392, 392, 489 N.E.2d 1294, 1294 (1985). This appeal raises questions that touch upon all three elements, and we shall address e......
  • Request a trial to view additional results
328 cases
  • Sang v. Ming Hai & Law Offices of Ming Hai, P.C., No. 12 Civ. 7103(JPO).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 27, 2013
    ...of that breach.” Di Benedetto v. Pan Am World Serv., 359 F.3d 627, 630 (2d Cir.2004) (citing Solomon by Solomon v. City of New York, 66 N.Y.2d 1026, 1027, 499 N.Y.S.2d 392, 489 N.E.2d 1294 (N.Y.1985)). Without damages, a claim for breach of duty must fail. “To plead proximate cause, the com......
  • Vumbaca v. Terminal One Grp. Ass'n L.P., No. 11–CV–5535.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • April 20, 2012
    ...by the defendant to the plaintiff, (2) a breach thereof, and (3) injury proximately resulting therefrom.” Solomon v. City of New York, 66 N.Y.2d 1026, 499 N.Y.S.2d 392, 489 N.E.2d 1294, 1294 (1985); see also Japan Airlines Co. v. Port Authority of New York and New Jersey, 178 F.3d 103, 109 ......
  • Nipon v. Yale Club of N.Y.C., 13 Civ. 1414 (HBP)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 18, 2014
    ...proximately resulting therefrom.'" Lerner v. Fleet Bank, N.A., 459 F.3d 273, 286 (2d Cir. 2006), quoting Solomon v. City of New York, 66 N.Y.2d 1026, 1027, 489 N.E.2d 1294, 1294, 499 N.Y.S.2d 392, 392 (1985). When the claim is based on an alleged defect in defendant's premises, plaintiff mu......
  • Stagl v. Delta Airlines, Inc., No. 423
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 17, 1995
    ...breached that duty; and (3) the plaintiff suffered damage as a proximate result of that breach. See Solomon v. City of New York, 66 N.Y.2d 1026, 1027, 499 N.Y.S.2d 392, 392, 489 N.E.2d 1294, 1294 (1985). This appeal raises questions that touch upon all three elements, and we shall address e......
  • Request a trial to view additional results

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