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WEIDENBENNER v. STERN

Appellate Division of the Supreme Court of New York, Second Department.
May 18, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint insofar as asserted against the defendant Associated Property Services, Inc. (hereinafter Associated) because, as a matter of law, Associated owed no duty of care to the plaintiff ( see, Eaves Costume Co. v. Y.B.H. Realty Corp., 76 N.Y.2d 220, 226-227; cf., Palka v. Servicemaster Mgt. Servs. Corp., 83 N.Y.2d 579, 584).

The plaintiff's remaining contentions are without merit.

Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.