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Kwasnik v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 2002
298 A.D.2d 502 (N.Y. App. Div. 2002)

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.


Summaries of

Kwasnik v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 2002
298 A.D.2d 502 (N.Y. App. Div. 2002)

refusing to imply private right of action based on Section 240.50.

Summary of this case from Croskey v. Medical Technical Services, Inc.
Case details for

Kwasnik v. City of New York

Case Details

Full title:HERBERT KWASNIK, ETC., appellant, v. CITY OF NEW YORK, ET AL., defendants…

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

Date published: Oct 21, 2002

Citations

298 A.D.2d 502 (N.Y. App. Div. 2002)
748 N.Y.S.2d 510

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