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DUCKETTE v. NEIGHBORHOOD LENOX AVENUE, LLC

39 A.D.3d 583 (2007)

835 N.Y.S.2d 274

TYRON DUCKETTE et al., Respondents, v. NEIGHBORHOOD LENOX AVENUE, LLC, et al., Appellants.

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

Decided April 10, 2007.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The defendants made a prima facie showing of entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 N.Y.2d 557 [1980]). The defendants were under no legal duty to install a window gate on the subject window, which provided access...

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