Johnson v City of New York (2005 NY Slip Op 03939)

Johnson v City of New York

2005 NY Slip Op 03939 [18 AD3d 272]

May 12, 2005

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, July 20, 2005

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.

—[*1]

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered December 17, 2003, which granted defendants' motion for summary judgment dismissing the complaint and denied plaintiffs' cross motion for summary judgment, unanimously affirmed, without costs.

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 AD2d 374 [2003]). Concur—Tom, J.P., Saxe, Ellerin, Nardelli and Sweeny, JJ.