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BERNARDINI v. CITY OF NEW YORK

45 A.D.3d 466 (2007)

845 N.Y.S.2d 734

JAMES BERNARDINI, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided November 27, 2007.

In opposition to the City's prima facie demonstration of entitlement to judgment as a matter of law, plaintiff failed to raise a triable issue of fact as to whether the City knew or should have known that defendant Villarini had either a propensity for reckless behavior with a gun or a drinking problem (see White v Hampton Mgt. Co. L.L.C., 35 A.D.3d 243 [2006]).

We have considered plaintiff's remaining arguments and find...

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