Giangrasso v. Association for Help of Retarded Children

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated January 30, 2002, which denied her motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the Supreme Court correctly held that she did not establish her entitlement to judgment as a matter of law on the issue of liability based on the defendants’ alleged breach of a statutory duty (see Mental Hygiene Law § 33.17; Zuckerman v City of New York, 49 NY2d 557, 559;…