| Osorio v City of New York |
| 2007 NY Slip Op 08012 [44 AD3d 553] |
| October 25, 2007 |
| Appellate Division, First Department |
| Brittany Osorio, an Infant, by Her Mother and Natural Guardian,Kim Osorio et al., Appellants, v City of New York, Respondent, et al.,Defendants. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York City (Norman Corenthal of counsel),for respondent.
Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered on or about September1, 2006, which granted defendant City of New York's motion for summary judgment dismissingthe complaint as against it, unanimously affirmed, without costs.
Defendant made a prima facie case of entitlement to summary judgment by establishing thatit had no notice of prior sexual assaults at the subject pool before the alleged sexual assaults wereperpetrated upon infant plaintiffs, and that the assaults were not foreseeable (see Maheshwari v City of New York, 2NY3d 288 [2004]). Defendant also demonstrated that it took reasonable measures to overseethe pool activities and maintain the pool in a safe condition (see Florman v City of NewYork, 293 AD2d 120, 127 [2002]). In response, plaintiffs pointed to no prior incidents thatwould have alerted defendant to the forseeability of the sexual assaults (see Michele M. v Board of Educ. of City ofN.Y., 3 AD3d 370, 372 [2004]), and otherwise failed to raise a triable issue of factregarding whether the pool staff failed to quickly and effectively remove the perpetrator from thepool after being notified of the initial sexual assault. Concur—Tom, J.P., Nardelli, Sweenyand Catterson, JJ.