# Smith v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · April 1, 1996 · 226 A.D.2d 362

URL: https://www.frixlaw.com/law-library/cases/6000545

## Case

- **Full name:** Stephen Smith v. Board of Education of City of Yonkers
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 1, 1996
- **Citations:** 226 A.D.2d 362; 640 N.Y.S.2d 247; 1996 N.Y. App. Div. LEXIS 3413
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6000545

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6000545. Public record. Not legal advice.