PETERS v. CITY OF NEW YORK


33 A.D.3d 779 (2006)

823 N.Y.S.2d 113

DON J. PETERS, Appellant, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HEALTH and HOSPITALS CORPORATION, Respondent. (Action No. 1.) CARLENE COWAN, Appellant, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent. (Action No. 2.)

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

Decided October 17, 2006.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

"Evidence of negligence is not enough by itself to establish liability. It must also be proved that the negligence was the cause of the event which produced the harm sustained by one who brings the complaint" (Sheehan v City of New York, 40 N.Y.2d 496, 501 [1976]). Thus, the Supreme Court correctly granted the cross motion of the defendant...

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