Harrington v. City of New York

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered August 14, 2009, which granted defendants’ motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

The motion court correctly held that plaintiff failed to raise a triable issue of fact regarding proximate cause and failed to establish prima facie entitlement to summary judgment in her favor on liability.

The evidence adduced on the motion established that plaintiffs decedent was receiving medical care…