ACEVEDO v. Scott Jaffee, etc., respondent. (1999)

In an action, inter alia, to recover damages for negligence, the plaintiffs appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Kings County (Huttner J.), dated July 29, 1997, which, inter alia, granted the motion of the defendant Scott Jaffee for summary judgment dismissing the complaint insofar as it is asserted against him individually and as temporary receiver of Cypress Hills Cemetery.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the motion of the defendant Scott Jaffee to dismiss the complaint insofar as asserted against him individually and as temporary receiver of Cypress Hills Cemetery.   There is no evidence in the record showing that he was negligent or derelict in carrying out his duties as set forth in the order and amended order appointing him temporary receiver (see, Bankers Fed. Sav. v. Off W. Broadway Developers, 227 A.D.2d 306, 643 N.Y.S.2d 52;  Ishaq v. Batra, 212 A.D.2d 512, 624 N.Y.S.2d 837;  see also, Luciano v. Cypress Hills Cemetery, 258 A.D.2d 565, 683 N.Y.S.2d 898).

The plaintiffs' remaining contentions are without merit.

MEMORANDUM BY THE COURT.