Jimenez v. City of New York

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bruno, J.), dated August 21, 2000, which granted the defendants’ cross motion for summary judgment dismissing the complaint and denied, as academic, their motion to restore the action pursuant to CPLR 3404.

Ordered that the order is affirmed, with costs.

The infant plaintiff was injured when he was shot by an unknown assailant while leaving a dance at his high school cafeteria which ended abruptly after a fight had erupted. During *347the course of discovery, the…