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Frank Mangieri, Respondent, v. City of New York, Defendant, and American Golf Corporation, Appellant

New York Supreme Court, Appellate Division1998-12-15
256 A.D.2d 153681 N.Y.S.2d 520

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

—Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 23, 1997, which, to the extent appealed from as limited by defendant-appellant’s brief, denied defendant-appellant’s motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

Contrary to defendant-appellant’s argument, it owed plaintiff a duty of care since, pursuant to its agreement with defendant City of New York, defendant-appellant was solely responsible for the repair and maintenance of the subject golf course and plaintiff, as a golfing patron upon that course, was reasonably within the class of individuals entitled, and, indeed, compelled to rely upon defendant-appellant’s satisfactory performance of its exclusive maintenance undertaking (see, Palka v Service-master Mgt. Servs. Corp., 83 NY2d 579, 584-590). Concur— Ellerin, J. P., Nardelli, Rubin and Saxe, JJ.