Cusumano v. City of New York

Spolzino, J.P.

(dissenting and voting to reverse the judgment insofar as appealed from, grant that branch of the defendant’s motion pursuant to CPLR 4404 [a] which was to set aside the verdict as to liability for the plaintiffs’ failure to establish a prima facie case and for judgment as a matter of law, and dismiss the complaint, with the following memorandum).

Liability may be imposed under General Municipal Law § 205-a only where a plaintiff demonstrates that the defendant has violated “a ‘well-developed body of law and regulation’ that ‘imposes clear duties’ ” (Galapo v City of New York, 95…