Majority
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Leibowitz, J.), dated July 10, 1995, which granted the motion of the defendant City of New York for summary judgment and thereupon dismissed the complaint.
Ordered that the order and judgment is modified, on the law, by deleting the provision thereof which granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing the cause of action predicated on General Municipal Law § 205-e to recover damages for personal injuries, and substituting therefor a provision denying that branch of the motion; as so modified, the order and judgment is affirmed, without costs or disbursements, and the cause of action predicated upon General Municipal Law § 205-e is reinstated.
To recover damages for personal injuries under General Municipal Law § 205-e, the pleadings must specify or identify the statutes with which the defendant failed to comply, describe the manner in which the plaintiff’s injuries occurred, and set forth the facts from which it may be inferred that the defendant’s negligence directly or indirectly caused the harm
We find no merit to the plaintiffs’ remaining contentions. Bracken, J. P., Miller, Sullivan and McGinity, JJ., concur.
Cases cited
- Zanghi v. Niagara Frontier Transportation Commission 85 NY2d 423 at 441 p. 695
- Gibbons v. Ostrow 234 AD2d 415 p. 695
- Sikes v. Reliance Federal Savings 234 AD2d 446 p. 695
- Johnson v. Jack 233 AD2d 807 p. 695