WARME v. CITY OF NEW YORK

6051, 17164/02.

89 A.D.3d 548 (2011)

932 N.Y.S.2d 690

2011 NY Slip Op 8221

DIANE WARME, as Administratrix of the Estate of RAYMOND WARME, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 15, 2011.


Plaintiff's opening statement, or her proffer of proof thereafter failed to set forth a prima facie case of negligence against defendants (see Ortiz v City of New York, 39 A.D.3d 359, 359 [2007], lv denied 9 N.Y.3d 803 [2007]).

The trial court providently exercised its discretion in refusing to recuse itself, as there was no showing of bias (Ronald S. v Lucille Diamond...

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