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KADAA v. KADAA

2009-09274.

80 A.D.3d 728 (2011)

915 N.Y.S.2d 862

ROSE KADAA, by Her Guardian ad Litem, MARY KADAA, Appellant, v. ALBERT EZRA KADAA, Respondent.

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

Decided January 25, 2011.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the defendant established his prima facie entitlement to judgment as a matter of law dismissing the complaint as, under the circumstances, the defendant did not owe any duty of care to the plaintiff (see Pulka v Edelman, 40 N.Y.2d 781 [1976]; Cruz v New York City Tr. Auth., 136 A.D.2d 196

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