Peri v City of New York

Peri v City of New York 2008 NY Slip Op 06735 [11 NY3d 756] September 9, 2008 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 22, 2008

[*1] Victor Peri et al., Respondents,
v
City of New York, Appellant, et al., Defendants.

Decided September 9, 2008

Peri v City of New York, 44 AD3d 526, affirmed.

APPEARANCES OF COUNSEL

Michael A. Cardozo, Corporation Counsel, New York City (Karen M. Griffin of counsel), for appellant.

Fitzgerald & Fitzgerald, P.C., Yonkers (John M. Daly of counsel), for respondents.

{**11 NY3d at 756} OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative for the reasons stated in the memorandum at the Appellate Division (44 AD3d 526 [1st Dept 2007]).

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.