Opinion

Warme v. City of New York

89 A.D.3d 548 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 2011

Full text

Diane Warme, as Administratrix of the Estate of Raymond Warme v. City of New York

Flaintiffs 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.E, Friedman, DeGrasse, Freedman and ManzanetDaniels, JJ.