DAVIS v. NEW YORK CITY HOUSING AUTHORITY (2000)

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

Patricia DAVIS, appellant, v. NEW YORK CITY HOUSING AUTHORITY, respondent.

Decided: May 08, 2000

FRED T. SANTUCCI, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY and NANCY E. SMITH, JJ.

David A. Kapelman, P.C., New York, N.Y. (Stephen D. Chakwin, Jr., of counsel), for appellant. Cullen & Dykman (Herzfeld & Rubin, P.C., New York, N.Y. [Herbert Rubin, David B. Hamm, and Miriam Skolnik] of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 29, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

A defendant, as an out-of-possession owner, may be liable for violation of certain provisions of the New York City Administrative Code, where, as here, it retained a right to reenter (see, Guzman v. Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559, 516 N.Y.S.2d 451, 509 N.E.2d 51). Here, however, the defendant established that the violations in question were not a proximate cause of the plaintiff's injuries. As the plaintiff failed to raise a triable issue of fact in that regard, the defendant's motion for summary judgment was properly granted (see, Hotzoglou v. Hotzoglou, 221 A.D.2d 594, 634 N.Y.S.2d 501; Portilla v. Rodriguez, 179 A.D.2d 631, 578 N.Y.S.2d 241).

MEMORANDUM BY THE COURT.

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