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SOLOMON v. CITY OF NEW YORK

66 N.Y.2d 1026 (1985)

Carolyn Solomon, an Infant, by Her Father and Natural Guardian, Arthur Solomon, et al., Appellants, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Cheryl Eisberg Moin for appellants.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Miriam Skolnick of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

To establish a prima facie case of negligence, a plaintiff must demonstrate (1) a duty owed by the defendant to the plaintiff, (2) a breach thereof, and (3) injury proximately resulting therefrom (Akins v Glens Falls City School Dist., 53 N.Y.2d 325, 333, citing Prosser, Torts § 30, at 143...

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