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Gurfein v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 664 (N.Y. App. Div. 1999)

Opinion

March 22, 1999

Appeal from the Supreme Court, Rockland County (Bergerman, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly held that there was no "evidentiary proof that defendant Delgado * * * aided, abetted, encouraged or contributed to causing the incident which resulted in the plaintiffs injuries". Moreover, the Supreme Court properly rejected the plaintiffs' attempt to impose liability on Delgado based upon his plea of guilty to an assault upon Alan Froman, shortly after the assault upon the injured plaintiff occurred, since the assault on Froman "occurred at a different location and subsequent to the assault on the plaintiff". Accordingly, the Supreme Court properly granted Delgado's motion for summary judgment ( see, Shea v. Cornell Univ., 192 A.D.2d 857; Steinberg v. Goldstein, 27. A.D.2d 955; Lindsay v. Lockwood, 163 Misc.2d 228).

Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Gurfein v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 664 (N.Y. App. Div. 1999)
Case details for

Gurfein v. Kelly

Case Details

Full title:DAVID GURFEIN et al., Appellants, v. JONATHAN KELLY et al., Defendants…

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

Date published: Mar 22, 1999

Citations

259 A.D.2d 664 (N.Y. App. Div. 1999)
685 N.Y.S.2d 617

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