Opinion
2002-07421
Argued September 30, 2003.
October 27, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Mason, J.), dated June 4, 2002, which granted the motion of the defendants X-Ceed Performance Group and Ben Chodor for summary judgment dismissing the complaint insofar as asserted against them.
Matthew Mitler, Brooklyn, N.Y., appellant pro se.
Bruce A. Lawrence, Brooklyn, N.Y. (Mary Frances G. Marino and R. Alexander Hulten of counsel), for respondents.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff was hired by the defendants X-Ceed Performance Group (hereinafter X-Ceed) and Ben Chodor to write, cast, direct, choreograph, and star in a "murder mystery" production. During the performance, the plaintiff was injured when a "prop" gun misfired. The plaintiff alleged that inadequate time and space to rehearse caused the accident and his consequent injuries.
The Supreme Court properly granted the motion of X-Ceed and Chodor for summary judgment dismissing the complaint insofar as asserted against them. Nothing attributable to X-Ceed or Chodor proximately caused the plaintiff's injuries, which were not forseeable consequences of anything those defendants either did or omitted to do ( see Egan v. A.J. Constr. Corp., 94 N.Y.2d 839; Palsgraf v. Long Island R.R., 248 N.Y. 339, 354; Gaige v. Kepler, 303 A.D.2d 626, 627; Radlin v. Brenner, 286 A.D.2d 881).
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.