Hotaling v. City of New York
New York Court of Appeals
Hotaling v. City of New York, 12 N.Y.3d 862 (N.Y. 2009)
909 N.E.2d 577
Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur in Memorandum Chief Judge Lippman Taking No Part
Hotaling v. City of New York
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs. The certified question should not be answered as unnecessary.
The Appellate Division properly held that the testimony of plaintiffs’ expert was insufficient, as a matter of law, to support a prima facie case of negligent design (see generally Buchholz v Trump 767 Fifth Ave., LLC, 5 NY3d 1, 8-9 [2005]).
Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum; Chief Judge Lippman taking no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.
Reference
- Full Case Name
- Christopher Hotaling Et Al., Appellants, v. City of New York Et Al., Respondents
- Cited By
- 26 cases
- Status
- Published