Torts · MBE-tested
James A. Williams, an Infant, by His Father and Natural Guardian, James Williams, et al., Appellants, v. New York City Housing Authority, Respondent and Third-Party Plaintiff-Respondent. Utopia Children's Center, Inc., Third-Party Defendant-Respondent
235 A.D.2d 263652 N.Y.S.2d 525·New York Supreme Court, Appellate Division·1997·NY
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Opinion
James A. Williams, an Infant, by His Father and Natural Guardian, James Williams, et al., Appellants, v New York City Housing Authority, Respondent and Third-Party Plaintiff-Respondent. Utopia Children’s Center, Inc., Third-Party Defendant-Respondent.
[652 NYS2d 525]
[MAJORITY]
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about October 20, 1995, which, inter alia, granted third-party defendant’s motion and defendant’s cross motion for summary judgment dismissing the amended complaint, unanimously affirmed, without costs.
Under the circumstances, as a matter of law, the movants owed no duty of care to the infant plaintiff, who was injured as a result of a third person’s intentional, exceptional and unforeseeable act and, in any event, the intervening act of the third person constituted a superseding cause of plaintiff’s injuries, which would relieve movants of any liability to plaintiff (Pulka v Edelman, 40 NY2d 781; see, Elardo v Town of Oyster Bay, 176 AD2d 912). Concur—Murphy, P. J., Sullivan, Rosenberger, Williams and Andrias, JJ.