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Warme v. City of New York

89 A.D.3d 548 Court N.Y. App. Div. Decision date 2011-11-15 English

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p. 548
Diane Warme, as Administratrix of the Estate of Raymond Warme, Deceased, Appellant, v City of New York et al., Respondents.
[932 NYS2d 690]

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.

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