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Smith v. Board of Educ. of City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 362 (N.Y. App. Div. 1996)

Opinion

April 1, 1996

Appeal from the Supreme Court, Westchester County (Ingrassia, J.).


Ordered that the order is affirmed, with costs.

The plaintiffs made a prima facie showing that the defendants violated Labor Law § 240 (1), and that such violation was a contributing cause of the injured plaintiff's injuries ( see, Zimmer v. Chemung County Performing Arts, 65 N.Y.2d 513). In opposition to the motion, the defendants only submitted an affirmation of counsel which alleged in a conclusory fashion that issues of fact existed as to how the accident occurred and whether the defendants' violation was a proximate cause of the injuries. This is insufficient to raise a triable issue of fact ( see, Figueroa v. Manhattanville Coll., 193 A.D.2d 778; Walsh v Baker, 172 A.D.2d 1038). Mangano, P.J., Thompson, Friedmann, Florio and McGinity, JJ., concur.


Summaries of

Smith v. Board of Educ. of City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 362 (N.Y. App. Div. 1996)
Case details for

Smith v. Board of Educ. of City of Yonkers

Case Details

Full title:STEPHEN SMITH et al., Respondents, v. BOARD OF EDUCATION OF CITY OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1996

Citations

226 A.D.2d 362 (N.Y. App. Div. 1996)
640 N.Y.S.2d 247

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