Warme v City of New York (2011 NY Slip Op 08221)

Warme v City of New York

2011 NY Slip Op 08221 [89 AD3d 548]

November 15, 2011

Appellate Division, First Department

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

As corrected through Wednesday, January 4th, 2012

Diane Warme, as Administratrix of the Estate of Raymond Warme, Deceased, Appellant,
v
City of New York et al., Respondents.

—[*1] Michael A. Cervini, P.C., Jackson Heights (Robin Mary Heaney of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Alan G. Krams of counsel), for respondents.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered August 18, 2010, which, in an action to recover damages for defendants' alleged failure to prevent the suicide of plaintiff's decedent while an inmate at Rikers Island, granted defendants' oral application to dismiss the complaint, unanimously affirmed, without costs.

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 AD3d 359, 359 [2007], lv denied 9 NY3d 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 S., 45 AD3d 295, 297 [2007]). Concur—Andrias, J.P., Friedman, DeGrasse, Freedman and Manzanet-Daniels, JJ.