JOHNSON v. CITY OF NEW YORK


18 A.D.3d 272 (2005)

794 N.Y.S.2d 645

STEPHEN JOHNSON, an Infant, by MICHELLE MONTES and Another, His Parents and Natural Guardians, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 12, 2005.


Defendants submitted sufficient proof of their lack of notice of tortious propensities of the nonemployee volunteer to demonstrate prima facie entitlement to judgment. Plaintiffs failed to present evidence to raise an issue of fact as to whether defendants had notice of Tony Sanchez's propensity to commit the crime, or whether the alleged earlier negligent hiring of Sanchez was the proximate cause of the injuries (see Gomez v City of New York, 304...

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