883 N.E.2d 1010, 854 N.Y.S.2d 103 D’Onofrio v. City of New York. Court of Appeals of the State of New York. Decided February 14, 2008. Appeal from the 1st Dept: 41 AD3d 235. Motions for Leave to Appeal, granted. Tagged: 854 N.Y.S.2d 103883 N.E.2d 1010