Bernardini v. City of New York

Appellate Division of the Supreme Court of New York

Bernardini v. City of New York

45 A.D.3d 466, 845 N.Y.S.2d 734

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

DecidedNovember 27, 2007

StatusPublished

This text of 45 A.D.3d 466 (Bernardini 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

Bernardini v. City of New York, 45 A.D.3d 466, 845 N.Y.S.2d 734 (N.Y. Ct. App. 2007).

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Opinion

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.

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 [2006]).

We have considered plaintiffs remaining arguments and find [467]*467them, unavailing. Concur—Lippman, P.J., Friedman, Sullivan, Gonzalez and Catterson, JJ.

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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.

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 [2006]).

We have considered plaintiffs remaining arguments and find [467]*467them, unavailing. Concur—Lippman, P.J., Friedman, Sullivan, Gonzalez and Catterson, JJ.

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Bluebook (online)

45 A.D.3d 466, 845 N.Y.S.2d 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernardini-v-city-of-new-york-nyappdiv-2007.

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