From Casetext: Smarter Legal Research

Bernardini v. N.Y

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 2007
45 A.D.3d 466 (N.Y. App. Div. 2007)

Opinion

No. 2125 16911/94.

November 27, 2007.

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered March 28, 2007, which granted the motion of defendant City of New York for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Ginarte, O'Dwyer Winograd, LLP, New York (Gary R. Novins of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.

Before: Lippman, P.J., Friedman, Sullivan, Gonzalez and Catterson, JJ.


In opposition to the City's prima facie demonstration of entitlement to judgment as a matter of law, plaintiff failed to raise a triable issue of fact as to whether the City knew or should have known that defendant Villarini had either a propensity for reckless behavior with a gun or a drinking problem ( see White v Hampton Mgt. Co. L.L.C., 35 AD3d 243).

We have considered plaintiffs remaining arguments and find them unavailing.


Summaries of

Bernardini v. N.Y

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 2007
45 A.D.3d 466 (N.Y. App. Div. 2007)
Case details for

Bernardini v. N.Y

Case Details

Full title:JAMES BERNARDINI, Appellant, v. CITY OF NEW YORK, Respondent, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 27, 2007

Citations

45 A.D.3d 466 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9323
845 N.Y.S.2d 734