Estate of Radvin v. City of New York

OPINION OF THE COURT

Phyllis Orlikoff Flug, J.

Defendants, the City of New York, the New York City Sanitation Department, and the New York City Fire Department, collectively move to dismiss plaintiffs’ complaint.

This is an action to recover damages for the alleged wrongful death of Gail Radvin on December 27, 2010 which plaintiffs attribute to the delay in the arrival of an ambulance due to defendants’ alleged negligence in snow removal during and after the snowstorm which occurred on that date.

The criterion in considering a motion to dismiss under CPLR 3211 (a) (7) “is whether the proponent of…