Opinion
2003-03562.
Decided January 12, 2004.
In an action to recover damages for personal injuries, the defendant Westbury Kennel Association, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Covello, J.), entered March 28, 2003, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Michael E. Pressman, New York, N.Y. (Robert H. Fischler of counsel), for appellant.
Tartamella, Tartamella Fresolone, Hauppauge, N.Y. (Michael Tartamella of counsel), for respondent.
Before: STEPHEN G. CRANE and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant.
The appellant established that neither overcrowding nor a failure to supervise the crowd proximately caused the plaintiff's accident ( see Williams v. New York Rapid Transit Corp., 272 N.Y. 366; Blashka v. South Shore Skating, 193 A.D.2d 772, 773; Ryan v. City of New York, 7 A.D.2d 298, 299, affd 6 N.Y.2d 896). In opposition, the plaintiff did not raise a triable issue of fact. Accordingly, the Supreme Court should have granted the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.