Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
James TANCREDI, respondent, v. HELMSLEY-SPEAR, INC., et al., appellants, et al., defendants.
In an action to recover damages for personal injuries, the defendants Helmsley-Spear, Inc., and Fifth Avenue Building Associates appeal from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated May 25, 1999, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.
The plaintiff was employed as a foreman for Royal Construction Company (hereinafter Royal), which was a tenant in a building owned by the appellant Fifth Avenue Building Associates, and managed by the appellant Helmsley-Spear, Inc. The building was the scene of picketing by the members of a certain union. On the date of the incident, the plaintiff was attempting to make a delivery of sheet rock to Royal, and sought to use the freight elevator. A union shop steward objected to this, apparently upset by the plaintiff's failure to honor the picket line. The shop steward became involved in an argument with an assistant superintendent of the building, and as the plaintiff attempted to intervene in the dispute, he was pushed into a crowd of strikers on the sidewalk outside the building, where he was beaten.
The record contains evidence that the appellants' representative called the police as a precautionary measure upon learning of the expected delivery to Royal, and that police officers were at the location and came to the plaintiff's aid after he was assaulted by the union members. The relatively minor incidents which preceded the assault in question would not have rendered this type of violent criminal conduct foreseeable. Finally, the assault itself occurred on a public sidewalk, over which the appellants had no right to exercise control. Under these circumstances, the appellants demonstrated their entitlement to summary judgment dismissing the complaint insofar as asserted against them (see, e.g., Waters v. New York City Hous. Auth., 69 N.Y.2d 225, 513 N.Y.S.2d 356, 505 N.E.2d 922; Novikova v. Greenbriar Owners Corp., 258 A.D.2d 149, 694 N.Y.S.2d 445; Evans v. 141 Condominium Corp., 258 A.D.2d 293, 685 N.Y.S.2d 191; Yanas v. Chester Investigational Agency, 230 A.D.2d 845, 646 N.Y.S.2d 632).
MEMORANDUM BY THE COURT.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: June 05, 2000
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)