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STEWART v. ZIRILLI

209 A.D.2d 1053 (1994)

619 N.Y.S.2d 1009

Vicki Stewart, Individually and as Parent and Natural Guardian of Jason Markovitz, an Infant, Appellant, v. Domenico Zirilli, Defendant, and Mohawk Containers, Inc., Now Known as Jefferson Smurfit, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1994

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of defendant Mohawk Containers, Inc., now known as Jefferson Smurfit, Inc., for summary judgment dismissing the complaint against it. The issue of duty is one of law for the courts (De Angelis v Lutheran Med. Ctr., 58 N.Y.2d 1053, 1055). Under the circumstances of this case, we conclude that the movant owed no duty to the...

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