Appellate Division of the Supreme Court of New York, 1997

Pena v. Schur

Pena v. Schur
Appellate Division of the Supreme Court of New York · Decided December 23, 1997
245 A.D.2d 206; 665 N.Y.S.2d 898; 1997 N.Y. App. Div. LEXIS 13321
Pena v. Schur

Opinion of the Court

—Order, Supreme Court, Bronx *207County (Alan Saks, J.), entered October 15, 1996, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Since it is clear, as a matter of law, that plaintiffs’ own conduct in engaging in rough horseplay, which resulted in their crashing through a window, was the sole proximate cause of their injuries, and that defendants’ negligence, if any, was not a proximate cause, the court properly granted defendants’ motion for summary judgment (see, Kelly v Great Neck Union Free School Dist., 192 AD2d 696, lv denied 82 NY2d 658; see also, Lee v Durow’s Rest., 238 AD2d 384). Concur—Ellerin, J. P., Nardelli, Williams, Andidas and Colabella, JJ.

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