9069. IN RE THE STATE OF NEW YORK, pet-res, —AGAINST— WILLIAM W., res-res — Marvin Bernstein, Mental Hygiene Legal Service, New York (Namita Gupta of counsel), for ap — Eric T. Schneiderman, Attorney General, New York (Valerie Figueredo of counsel), for res — ORDER, SUPREME COURT, BRONX COUNTY (MICHAEL A. GROSS, J.), ENTERED ON OR ABOUT APRIL 12, 2011, WHICH, UPON A JURY VERDICT THAT RESPONDENT SUFFERS FROM A MENTAL ABNORMALITY, DETERMINED THAT RESPONDENT IS A DANGEROUS SEX OFFENDER REQUIRING CONFINEMENT, UNANIMOUSLY AFFIRMED, WITHOUT COSTS. THE JURY’S VERDICT THAT RESPONDENT SUFFERS FROM A MENTAL ABNORMALITY (see Mental Hygiene Law §10.03[i]) was not against the weight of the evidence. The expert testimony offered by the State constituted clear and convincing evidence that at the time of trial, respondent suffered from a disorder called frotteurism, which resulted in his having serious difficulty controlling his conduct. The expert’s conclusion was properly based not only on respondent’s convictions of three counts of sexual abuse in 1986 and one count of sexual assault in the first degree in 2003, but also on documents, reports, evaluations and other information spanning the years from his first offense through his incarceration. The absence of proof that he was accused or convicted of similar crimes between the time of his 1986 offenses and the time of his 2003 offense, or in the years between the 2003 offense and the trial, need not be treated as negating or disproving the diagnosis. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ANDRIAS, J.P., SWEENY, DEGRASSE, FREEDMAN, RICHTER, JJ. 9085. DESSA LANSEN, plf-res, v. SL GREEN REALTY CORP., def-ap, OUTBACK STEAKHOUSE – NYC LTD., def — Wechsler & Cohen, LLP, New York (Mitchell S. Cohen of counsel), for ap — Law Office of Bryan J. Swerling, New York (Bryan J. Swerling of counsel), for res — Order, Supreme Court, New York County (Judith J. Gische, J.), entered March 21, 2012, which granted plaintiff’s motion for leave to amend the complaint to add two new defendants and denied defendant SL Green Realty Corp.’s cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the cross motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.
Plaintiff Dessa Lansen commenced this negligence action against defendant SL Green Realty Corp. (SL Green) after she slipped on the sidewalk abutting property owned by defendant. Plaintiff asserts that the sidewalk was uneven where a section of the sidewalk cement buttressed up against a paving stone. She alleges that the cement was higher than the paving stone, so that when the heel of her shoe struck the edge of the cement section, she fell, injuring her ankle. Plaintiff also asserts that ice and snow that had accumulated between the paving stones and the cement contributed to her fall.
