Bernardini v City of New York

Bernardini v City of New York 2007 NY Slip Op 09323 [45 AD3d 466] November 27, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

James Bernardini, Appellant,
v
City of New York, Respondent, et al., Defendant.

—[*1] Ginarte, O'Dwyer & Winograd, LLP, New York City (Gary R. Novins of counsel), for appellant.

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

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 plaintiff's remaining arguments and find them unavailing. Concur—Lippman, P.J., Friedman, Sullivan, Gonzalez and Catterson, JJ.