Hussey v City of New York (2005 NY Slip Op 09679)

Hussey v City of New York

2005 NY Slip Op 09679 [24 AD3d 611]

December 19, 2005

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 15, 2006

Edward Hussey et al., Appellants,
v
City of New York, Respondent.

—[*1]In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Hutcherson, J.), dated August 15, 2002, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

For the reasons stated in our decision and order on the companion appeal, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint (see Conde v City of New York, 24 AD3d 595 [2005]). Adams, J.P., Smith and Rivera, JJ., concur.

Luciano, J., dissents and votes to reverse the order and deny the defendants' motion for summary judgment.

I would reverse and deny the defendants' motion for summary judgment for reasons stated in my dissenting memorandum in Conde v City of New York, 24 AD3d 595 (2005) (decided herewith).