SUN v. TODOROV TF (2023)

Supreme Court, Appellate Term, New York,

Jian SUN, Plaintiff-Appellant, v. Mario TODOROV and TF Cornerstone Inc., Defendants-Respondents.

570607 /23

Decided: September 18, 2023

PRESENT: Hagler, P.J., Brigantti, James, JJ.

Judgment (Emily Morales-Minerva, J.), entered April 7, 2022, affirmed, without costs.

The record establishes that the inquest court applied the appropriate rules and principles of substantive law and accomplished substantial justice (CCA 1804, 1807) in rejecting plaintiff food delivery worker's claim for damages stemming from the alleged theft of his electric bicycle from the public sidewalk in front of defendants’ apartment building. Plaintiff failed to show that defendants, the property management company and property manager, breached any duty to plaintiff that proximately caused the theft of the bicycle, which plaintiff admittedly left unsecured and unattended on the sidewalk.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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