Osorio v. City of New York

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered on or about September 1, 2006, which granted defendant City of New York’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Defendant made a prima facie case of entitlement to summary judgment by establishing that it had no notice of prior sexual assaults at the subject pool before the alleged sexual assaults were perpetrated upon infant plaintiffs, and that the assaults were not foreseeable (see Maheshwari v City of New York, 2 NY3d 288 [2004]). Defendant also demonstrated…