MANGIERI v. American Golf Corporation, Defendant-Appellant. (1998)

Supreme Court, Appellate Division, First Department, New York.

Frank MANGIERI, Plaintiff-Respondent, v. CITY OF NEW YORK, Defendant, American Golf Corporation, Defendant-Appellant.

Decided: December 15, 1998

Before ELLERIN, J.P., NARDELLI, RUBIN and SAXE, JJ.

Peter Pearson Traub, Jr., for Defendant-Appellant.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 23, 1997, which, to the extent appealed from as limited by defendant-appellant's brief, denied defendant-appellant's motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

Contrary to defendant-appellant's argument, it owed plaintiff a duty of care since, pursuant to its agreement with defendant City of New York, defendant-appellant was solely responsible for the repair and maintenance of the subject golf course and plaintiff, as a golfing patron upon that course, was reasonably within the class of individuals entitled, and, indeed, compelled to rely upon defendant-appellant's satisfactory performance of its exclusive maintenance undertaking (see, Palka v. Servicemaster Mgt. Serv. Corp., 83 N.Y.2d 579, 584-590, 611 N.Y.S.2d 817, 634 N.E.2d 189).

MEMORANDUM DECISION.

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