Diliberti v. City of New York

Defendant established its prima facie entitlement to summary judgment by producing the 911 recording and Sprint report, revealing a 30-second call that did not include any assurance by the operator that help was on its way, or any direction to the infant caller that she should not do anything, before the call was broken off (see Doe v Town of Hempstead Bd. of Educ., 18 AD3d 600 [2005]). This shifted the burden to plaintiffs who, even after granting them all favorable inferences, failed to establish an assumption by the municipality, through promises or actions, of an affirmative duty to act…