Benjamin v City of New York

[*1] Benjamin v City of New York 2015 NY Slip Op 50951(U) Decided on June 25, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 25, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ.
570426/15

John Benjamin, Plaintiff-Appellant, - The

against

City of New York, Hostos Center for Work Force Development & Continuing Education, Peter Mertens, Vermelle Van Duyne and Alexander Seki, Defendants-Respondents.

Plaintiff appeals from an order the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), dated March 9, 2015, which granted the motion of defendant City of New York for summary judgment dismissing the complaint as against it.

Per Curiam.

Order (Tanya R. Kennedy, J.), dated March 9, 2015, affirmed, with $10 costs.

Plaintiff allegedly sustained personal injuries when he was assaulted by a fellow student at the Hostos School of Continuing Education [Hostos]. In moving for summary judgment of dismissal, defendant City of New York established, prima facie, that it is not a proper party defendant to this action, since Hostos falls under "the care, custody, control, and management" of the City University of New York [CUNY] (Education Law § 6203), an entity separate and distinct from the City (see Matter of Apollon v Giuliani, 246 AD2d 130, 134-135 [1998], lv dismissed 92 NY2d 1046 [1999]; Perry v City of New York, 126 AD2d 714 [1987]). In opposition, plaintiff failed to raise a triable issue as to the City's liability.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 25, 2015