Warme v. City of New York

Flaintiffs opening statement, or her proffer of proof thereafter failed to set forth a prima facie case of negligence against defendants (see Ortiz v City of New York, 39 AD3d 359, 359 [2007], lv denied 9 NY3d 803 [2007]).

The trial court providently exercised its discretion in refusing to recuse itself, as there was no showing of bias (Ronald S. v Lucille Diamond S., 45 AD3d 295, 297 [2007]). Concur— Andrias, J.E, Friedman, DeGrasse, Freedman and ManzanetDaniels, JJ.