Opinion
January 31, 1992
Appeal from the Supreme Court, Monroe County, Affronti, J.
Present — Denman, P.J., Callahan, Green, Lawton and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: We reject defendant's contention that Supreme Court erred in denying its motion for summary judgment dismissing the complaint (see, CPLR 3211 [c]; 3212; see also, Guggenheimer v. Ginzburg, 43 N.Y.2d 268, 275; Goldstein v. County of Monroe, 77 A.D.2d 232). Plaintiff's affidavit was sufficient to raise a factual issue concerning whether defendant had assumed a duty to him to instruct him properly and whether the alleged breach of that duty left plaintiff in a more vulnerable position than he otherwise would have been in, thereby contributing to his injury (cf., Jansen v Fidelity Cas. Co., 165 A.D.2d 223, lv granted 78 N.Y.2d 853; Kingsland v. Factory Mut. Sys., 145 A.D.2d 965, lv dismissed 74 N.Y.2d 841).