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DI PONZIO v. RIORDAN

89 N.Y.2d 578 (1997)

679 N.E.2d 616

657 N.Y.S.2d 377

Richard Di Ponzio et al., Appellants, v. Michael Riordan, Appellant, and United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 20, 1997.

Attorney(s) appearing for the Case

Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants.

Volgenau & Bosse, Buffalo (Norman E. S. Greene of counsel), for United Refining Company of Pennsylvania, respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge WESLEY taking no part.

TITONE, J.

Injured by another customer's runaway car while he was on the premises of a self-service filling station, plaintiff sued the premises owner on the theory that it had a duty to ensure that all of its customers abided by regulations requiring their vehicle engines to be turned off during the operation of the gas pumps. We conclude, however, that defendant filling station owner had no duty to protect...

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