McCrae v. City of New York

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered August 22, 2008, which, upon renewal of defendant Kaplan, Inc.’s motion to strike the answer of the municipal defendants (collectively the City) and the City’s cross motion for summary judgment dismissing the complaint and all cross claims as against it, adhered to its original determination denying the motion and granting the cross motion, unanimously affirmed, without costs.

As we noted on Kaplan’s prior appeal, the documentary evidence establishes prima facie that the City was under no duty to provide security at the…