June 4, 2009
CHRISTOPHER HOTALING ET AL., APPELLANTS,
THE CITY OF NEW YORK ET AL., RESPONDENTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
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 ).
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered as unnecessary, in a memorandum. Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part.
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