Zambrana v. City of New York

Full title: AMY ZAMBRANA, Appellant, v. THE CITY OF NEW YORK et al., Respondents. TOBI…

Court: Court of Appeals of the State of New York

Date published: Feb 17, 2000

727 N.E.2d 573 (N.Y. 2000)

727 N.E.2d 573

706 N.Y.S.2d 76

Opinion

Argued January 5, 2000

February 17, 2000

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the majority memorandum of the Appellate Division. We further note that plaintiff failed to identify any triable issue of fact with respect to whether defendant had notice of the reckless conduct of other skaters in order to defeat defendant's motion for summary judgment (Zuckerman v. City of New York, 49 N.Y.2d 557, 562).

Order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.