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Vandenburg v. Brosnan

70 N.Y.2d 940 Court N.Y. Decision date 1988-01-14 English

Contents

Majority

p. 940
Richard Vandenburg, Appellant, v Timothy Brosnan et al., Defendants, and Southland Corp., Doing Business as Seven-Eleven, Respondent.
Argued January 8, 1988;
decided January 14, 1988
p. 942
APPEARANCES OF COUNSEL
Irving N. Selkin and Morris Honig for appellant.
David S. Heller for respondent.

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 129 AD2d 793 ). We note in addition, with respect to plaintiffs claim of common-law negligence, that the principles applied by the Appellate Division were recently reaffirmed by this court (see, D’Amico v Christie, 71 NY2d 76 ).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

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