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Ambrosio v. S. Huntington Un. Free Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 346 (N.Y. App. Div. 1998)

Summary

In Ambrosio, the complaint was dismissed based upon the conclusory nature of an expert's affidavit, as well as the fact that it was unclear whether a State University of New York "manual of planning standards" reflected generally accepted architectural safety practices in recommending the use of impact resistant glass in school windows.

Summary of this case from Diaz v. New York Downtown Hospital

Opinion

April 13, 1998

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Ordered that the order is affirmed, with costs.

The infant plaintiff, while a third-grade student at the defendant's school, was racing with her friends in the school playground when she tripped and fell against a glass window. The infant plaintiffs hand hit the glass "hard", and both her hand and arm went through the window, causing her to sustain injuries. The plaintiffs thereafter commenced this action against the defendant alleging, inter alia, that it had negligently failed to equip the window with safety glass. The defendant subsequently moved for summary judgment upon the ground that there was no evidence that window was unsafe, or that the failure to install safety glass violated any applicable rule or regulation. The Supreme Court granted the defendant's motion, and we affirm.

Contrary to the plaintiffs' contention, the conclusory affidavit of its expert was insufficient to show that the subject window did not conform to relevant safety standards ( see, Murphy v. Conner, 84 N.Y.2d 969, 972; Beyda v. Helmsley Enters., 245 A.D.2d 479; cf., Trimarco v. Klein, 56 N.Y.2d 98, 106-107). Although the plaintiffs' expert claimed that the failure to use impact-resistant glass in school windows located near play areas violated a provision contained in the "Manual of Planning Standards" issued by the State University of New York, there is no evidence that these planning standards are reflective of generally-accepted architectural safety practices. Moreover, there is no proof that the subject provision of the planning manual applies to exterior glass in windows which border outdoor play areas. The record further reveals that there was no history of any prior accidents or breakage ( see, Maloney v. Union Free School Dist. No. 7, 41 A.D.2d 937). Under these circumstances, the Supreme Court properly determined that the plaintiffs have failed to raise a triable issue of fact as to whether the use of ordinary glass in the window was unsafe.

Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.


Summaries of

Ambrosio v. S. Huntington Un. Free Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 346 (N.Y. App. Div. 1998)

In Ambrosio, the complaint was dismissed based upon the conclusory nature of an expert's affidavit, as well as the fact that it was unclear whether a State University of New York "manual of planning standards" reflected generally accepted architectural safety practices in recommending the use of impact resistant glass in school windows.

Summary of this case from Diaz v. New York Downtown Hospital
Case details for

Ambrosio v. S. Huntington Un. Free Sch. Dist

Case Details

Full title:NICOLE M. AMBROSIO et al., Appellants, v. SOUTH HUNTINGTON UNION FREE…

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

Date published: Apr 13, 1998

Citations

249 A.D.2d 346 (N.Y. App. Div. 1998)
671 N.Y.S.2d 110

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