Ramos v. City of New York

McGuire, J. (dissenting).

I disagree with the majority that Supreme Court properly granted plaintiffs motion to renew appellants’ prior motion for summary judgment dismissing the complaint.

On September 18, 1998, plaintiff was involved in an altercation with defendant-appellant Casanova, the superintendent of a building owned by defendant-appellant Jake Realty LLC, and managed by defendant-appellant Pine Management. The altercation occurred in the building of which Casanova was the superintendent; plaintiff was a tenant in the building. As a result of the altercation, plaintiff was placed under…