Warme v City of New York

Warme v City of New York 2011 NY Slip Op 08221 Decided on November 15, 2011 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 November 15, 2011
Andrias, J.P., Friedman, DeGrasse, Freedman, Manzanet-Daniels, JJ.
6051 17164/02

[*1]Diane Warme, etc., Plaintiff-Appellant,

v

The City of New York, et al., Defendants-Respondents.




Michael A. Cervini, P.C., Jackson Heights (Robin Mary Heaney
of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Alan G.
Krams of counsel), for respondents.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered August 18, 2010, which, in an action to recover damages for defendants' alleged failure to prevent the suicide of plaintiff's decedent while an inmate at Rikers Island, granted defendants' oral application to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff's opening statement, or her proffer of proof thereafter failed to set forth a prima facie case of negligence against defendants (see Ortiz v City of New York, 39 AD3d 359, 359 [2007], lv denied 9 NY3d 803 [2007]).

The trial court providently exercised its discretion in refusing to recuse itself, as there was no showing of bias (Ronald S. v Lucille Diamond S., 45 AD3d 295, 297 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 15, 2011

CLERK