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Nunez v. City of New York

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 12, 2010

GEORGE NUNEZ, ET AL., RESPONDENTS,
v.
CITY OF NEW YORK, APPELLANT.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Miller, J.), dated June 16, 2008, which granted the plaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240(1).

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

JOSEPH COVELLO, J.P., FRED T. SANTUCCI, CHERYL E. CHAMBERS & L. PRISCILLA HALL, JJ.

(Index No. 30333/06)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

In opposition to the plaintiffs' prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320; Zuckerman v City of New York, 49 NY2d 557), the defendant failed to raise a triable issue of fact as to whether the injured plaintiff's own actions were the sole proximate cause of the accident (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 290-291; Rico-Castro v Do & Co N.Y. Catering, Inc., 60 AD3d 749, 750; Santo v Scro, 43 AD3d 897, 898-899; Pichardo v Aurora Contrs., Inc., 29 AD3d 879, 881). Accordingly, the Supreme Court properly granted the plaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240(1).

COVELLO, J.P., SANTUCCI, CHAMBERS and HALL, JJ., concur.

20100112

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