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Aversa v. Garlain Realty

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1998
247 A.D.2d 420 (N.Y. App. Div. 1998)

Opinion

February 9, 1998

Appeal from the Supreme Court, Queens County (Goldstein, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Labor Law § 200 and common law negligence causes of action were properly dismissed, because the record establishes that no actions on the part of the respondents were a proximate cause of the plaintiff's accident ( see, Sheehan v. City of New York, 40 N.Y.2d 496; Rivera v. City of New York, 11 N.Y.2d 856). As the nuisance cause of action was premised upon the same theory as the Labor Law § 200/common law negligence causes of action, this cause of action was also properly dismissed ( see, Copart Indus. v. Consolidated Edison Co., 41 N.Y.2d 564).

Ritter, J. P., Altman, Friedmann and Luciano, JJ., concur.


Summaries of

Aversa v. Garlain Realty

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1998
247 A.D.2d 420 (N.Y. App. Div. 1998)
Case details for

Aversa v. Garlain Realty

Case Details

Full title:LAUREEN AVERSA, Appellant, v. GARLAIN REALTY et al., Defendants and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 9, 1998

Citations

247 A.D.2d 420 (N.Y. App. Div. 1998)
667 N.Y.S.2d 957

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