Appellate Division of the Supreme Court of New York, 1993

Ross v. College of New Rochelle

Ross v. College of New Rochelle
Appellate Division of the Supreme Court of New York · Decided February 25, 1993
190 A.D.2d 635
Ross v. College of New Rochelle

Opinion of the Court

— Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered May 15, 1992, which denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs.

The infant plaintiff suffered an eye injury when he pulled on a cord attached to a pen which was affixed to a bulletin board and was struck by a "push pin”. The IAS Court properly found that genuine triable issues of fact exist including foreseeability of harm, control of the instrumentality, and proximate cause. Concur — Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.

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