Abdush-Shahid v City of New York

Abdush-Shahid v City of New York 2017 NY Slip Op 00737 Decided on February 2, 2017 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 2, 2017
Sweeny, J.P., Acosta, Moskowitz, Kapnick, Kahn, JJ.
2987 105695/95 -6593

[*1] Salim M. Abdush-Shahid, Plaintiff-Appellant,

v

The City of New York, et al., Defendants-Respondents, Warden A.R.D.C. Daniel Meehan, etc., et al., Defendants.

Salim M. Abdush-Shahid, appellant pro se.

Zachary W. Carter, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondents.

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.

M-6593 - Salim M. Abdush-Shahid v The City of New York

Motion to supplement brief denied.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 2, 2017

CLERK