Opinion

Smith v. Board of Education

  • 226 A.D.2d 362
  • 640 N.Y.S.2d 247
  • 1996 N.Y. App. Div. LEXIS 3413
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 1, 1996
Status
Published
Cited by
1 cases
Authority
More cited than 50.5%

The opinion

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, West- *363 Chester County (Ingrassia, J.), dated January 5, 1995, which granted the plaintiffs’ motion for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The plaintiffs made a prima facie showing that the defendants violated Labor Law § 240 (1), and that such violation was a contributing cause of the injured plaintiff’s injuries (see, Zimmer v Chemung County Performing Arts, 65 NY2d 513 ). In op position to the motion, the defendants only submitted an affirmation of counsel which alleged in a conclusory fashion that issues of fact existed as to how the accident occurred and whether the defendants’ violation was a proximate cause of the injuries. This is insufficient to raise a triable issue of fact (see, Figueroa v Manhattanville Coll., 193 AD2d 778 ; Walsh v Baker, 172 AD2d 1038 ). Mangano, P. J., Thompson, Friedmann, Florio and McGinity, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.