Opinion
No. 238SSM 30.
Decided October 13, 2011.
APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered December 14, 2010. The Appellate Division affirmed an order of the Supreme Court, New York County (Karen S. Smith, J.), which had granted a motion by defendant for summary judgment dismissing the complaint. The following question was certified by the Appellate Division: "Was the order of this Court, which affirmed the order of the Supreme Court, properly made?"
Plaintiff, a New York City sanitation employee who was already on sick leave due to surgeries to his right arm, brought an action for the exacerbation of his injuries as a result of slipping and falling outside his home on his way to a mandated doctor's appointment at the sanitation department's clinic.
Bonomonte v City of New York, 79 AD3d 515, affirmed.
Apicella Schlesinger, New York City ( Alan C. Kestenbaum of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York City ( Ronald E. Sternberg of counsel), for respondent.
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Even assuming, as plaintiff alleges, that the City of New York owed plaintiff a duty and breached that duty, the City was entitled to summary judgment dismissing the complaint because it established, as a matter of law, that any negligence on its part was not a proximate cause of plaintiffs injuries ( see Sheehan v City of New York, 40 NY2d 496, 503).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, etc.