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DODA v. CITY OF NEW YORK

6 A.D.3d 490 (2004)

774 N.Y.S.2d 433

RONALD J. DODA et al., Appellants-Respondents, v. CITY OF NEW YORK et al., Defendants, and WEST INDIAN AMERICAN DAY CARNIVAL ASSOCIATION, INC., Respondent-Appellant.

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

April 12, 2004.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The defendant West Indian American Day Carnival Association, Inc. (hereinafter the Association), was entitled to summary judgment dismissing the plaintiff's cause of action based on General Municipal Law § 205-e insofar as asserted against it since it established that the plaintiff's injuries were not caused by its negligent failure to comply with the...

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