Yule v. Town of Huntington

• Decision Date: 09 May 1994
• Citation: 611 N.Y.S.2d 652,204 A.D.2d 439
• Parties: Beatrice T. YULE, et al., Appellants, v. TOWN OF HUNTINGTON, et al., Defendants, Incorporated Village of Northport, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 652

611 N.Y.S.2d 652

204 A.D.2d 439

Beatrice T. YULE, et al., Appellants, v. TOWN OF HUNTINGTON, et al., Defendants Incorporated Village of Northport, et al., Respondents.

Supreme Court, Appellate Division,

Second Department.

May 9, 1994.

O'Hagan & Reilly, P.C., Islip, (William J. Pallas, of counsel), for appellants.

Weiner & Millo, New York City (Frank R. Millo and Lance Landers, of counsel), for respondent Inc. Village of Northport.

Claire & MacDonnell, Garden City (Kelly & McGlynn [Martin M. McGlynn], of counsel), for respondent Northport Running Club.

Morris, Graham, Stephens & McMorrow, Westbury (Thomas J. Graham, Bernadette Harrigan and Tara LaBella, of counsel), for respondent Northport American Legion Post 694.

White, Fleischner, Fino & Wade, New York City (Benjamin A. Fleischner, of counsel), for respondent J. Aylward.

Before BALLETTA, J.P., and COPERTINO, HART and KRAUSMAN, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Floyd, J.), dated July 20, 1992, which, inter alia, granted the motion of the defendant Incorporated Village of Northport for summary judgment dismissing all cross claims asserted against it, granted the motions of the defendants Northport Running Club and Northport American Legion Post 694 for summary judgment dismissing the complaint and all cross claims asserted against them, and upon searching the record, granted summary judgment to the non-moving defendant J. Alyward dismissing the complaint and all cross claims asserted against him.

ORDERED that the appeal from so much of the order which granted the motion of the defendant Incorporated Village of Northport for summary judgment dismissing all cross claims asserted against it is dismissed; and it is further,

ORDERED that the order is affirmed insofar as reviewed; and it is further,

ORDERED that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

The plaintiff, Beatrice Yule, was a spectator at the 1985 Ninth Annual Great Cow Harbor 10-Kilometer Run. While crossing Scudder Avenue, a public street used for the race, she allegedly sustained injuries when she collided with the defendant J. Alyward, a participant in the race. Beatrice Yule commenced this action asserting that the Incorporated Village of Northport, as owner of Scudder Avenue, and the Northport Running Club and the Northport American Legion Post 694, as sponsors and organizers of the race, caused her injuries by negligently failing to take adequate measures to safeguard against collisions between spectators and participants of the race. Beatrice Yule claimed that J. Alyward caused her injuries by negligently failing to avoid the collision and by stepping on her following the collision.

Initially, we note that the plaintiffs are not aggrieved by so much of the court's July 20, 1992, order which granted summary judgment to the Incorporated Village of Northport dismissing all cross claims asserted against it, and therefore they have no right to appeal from that portion of the order (see, CPLR 5511; Lackner v. Roth, 166 A.D.2d 686, 561 N.Y.S.2d 279; Nunez v. Travelers Ins. Co., 139 A.D.2d 712, 527 N.Y.S.2d 467). The Supreme Court did not err in granting summary judgment to the remaining defendants. Barricades were provided at the finish line and police protection was provided at the intersections. These were the areas where the danger of injury to spectators was greatest, and, therefore, these precautions satisfied any duty of care owed by the Village and other organizers of the race to the injured plaintiff (see generally,...