Appellate Division of the Supreme Court of the State of New York September 11, 2012 (Garcia v. City of New York)

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered December 22, 2010, which, in this action for personal injuries sustained in an inmate-on-inmate assault, denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.