Abdush-Shahid v. City of New York

Appellate Division of the Supreme Court of New York

Abdush-Shahid v. City of New York

2017 NY Slip Op 737, 147 A.D.3d 426, 45 N.Y.S.3d 798

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 2, 2017

Docket2987 105695/95 -6593

StatusPublished

This text of 2017 NY Slip Op 737 (Abdush-Shahid v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abdush-Shahid v. City of New York, 2017 NY Slip Op 737, 147 A.D.3d 426, 45 N.Y.S.3d 798 (N.Y. Ct. App. 2017).

Pincite

Opinion

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered June 18, 2014, which, at the close of plaintiff’s case, granted defendants’ motion for a directed verdict dismissing the complaint, unanimously affirmed, without costs.

The court properly granted defendants’ motion for a directed verdict. The record shows that during plaintiff’s direct case, he failed to present any evidence that it was reasonably foreseeable that he would be attacked by fellow inmates, or that defendants had inadequate security procedures in place (see Harris v City of New York, 28 AD3d 223 [1st Dept 2006], lv denied 7 NY3d 704 [2006]).

We have considered plaintiff’s remaining arguments and find them unavailing.

Concur — Sweeny, J.P., Acosta, Moskowitz, Kapnick and Kahn, JJ.

Motion to supplement brief denied.

Free access — add to your briefcase to read the full text and ask questions with AI