Bell v United Parcel Serv., Inc. |
2018 NY Slip Op 01252 [158 AD3d 562] |
February 22, 2018 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Alex Morgan Bell, Appellant, v United Parcel Service, Inc., Respondent. |
Law Office of Elisa Barnes, New York (Elisa Barnes of counsel), for appellant.
Ansa Assuncao, LLP, White Plains (Stephen P. McLaughlin of counsel), for respondent.
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about April 4, 2017, which granted defendant's motion to dismiss the complaint for lack of standing, unanimously affirmed, without costs.
Supreme Court properly dismissed the complaint for lack of standing since plaintiff failed to sufficiently articulate how he suffered special injury, beyond that suffered by the community at large, as a result of defendant's alleged conduct of obstructing designated bicycle lanes with its delivery trucks (see 532 Madison Ave. Gourmet Foods v Finlandia Ctr., 96 NY2d 280, 292 [2001]; cf. Graceland Corp. v Consolidated Laundries Corp., 7 AD2d 89, 93 [1st Dept 1958], affd 6 NY2d 900 [1959]). Concur—Tom, J.P., Kapnick, Webber, Oing, JJ.