DILIBERTI v. CITY OF NEW YORK


49 A.D.3d 424 (2008)

854 N.Y.S.2d 372

FRANCESCA DILIBERTI et al., Respondents, v. CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 20, 2008.


Defendant established its prima facie entitlement to summary judgment by producing the 911 recording and Sprint report, revealing a 30-second call that did not include any assurance by the operator that help was on its way, or any direction to the infant caller that she should not do anything, before the call was broken off (see Doe v Town of Hempstead Bd. of Educ., 18 A.D.3d 600 [2005]). This shifted the burden to plaintiffs who...

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