Garcia v. City of New York

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered December 22, 2010, which, in this action for personal injuries sustained in an inmate-on-inmate assault, denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff was injured on April 2, 2003 in an assault by other inmates while he was using an inmate telephone at the Anna M. Kross Center, a correctional facility operated by defendants at Rikers Island. Plaintiffs…