Summary
refusing to imply private right of action based on Section 240.50.
Summary of this case from Croskey v. Medical Technical Services, Inc.Opinion
2001-01359
Argued September 26, 2002.
October 21, 2002.
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated January 3, 2001, as granted the cross motion of the defendants Warbassee Cares for Seniors, Inc., Metropolitan Jewish Geriatric Center, Frances Lukasavage, Steven Einhorn, and Judith Alexander, to dismiss the complaint insofar as asserted against them.
Richard E. Kwasnik, New York, N.Y., for appellant.
Shaub, Ahmuty, Citrin Spratt, New York, N.Y. (David O. Simon and Chris Simone of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff failed to demonstrate that a private right of action to recover damages may be implied from Penal Law § 240.50(2) (see Sheehy v. Big Flats Community Day, 73 N.Y.2d 629, 633-634; Burns Jackson Miller Summit Spitzer v. Lindner, 59 N.Y.2d 314, 325, 329-331).
The plaintiff's remaining contentions are without merit.
FEUERSTEIN, J.P., SMITH, GOLDSTEIN and LUCIANO, JJ., concur.