Maldonado v. City of New York

OPINION OF THE COURT

Kenneth P. Sherman, J.

Defendant, the City of New York, moves for an order, pursuant to CPLR 3212 (b), dismissing the plaintiffs complaint alleging (1) that she cannot establish any nonspeculative basis for the imposition of liability upon the City or, (2) that the alleged condition causing her injuries was open and obvious as a matter of law and thus nonactionable or, (3) that the plaintiff assumed the risk of her injury. In the alternative, the City moves for an order, pursuant to CPLR 3101 (a) (1) and 3124, compelling the plaintiff to submit HIPAA compliant…