Opinion
3656.
Decided May 18, 2004.
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered April 10, 2003, which, to the extent appealed from, granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Altier Vogt, LLC, New York (Philip P. Vogt of counsel), for appellants.
Fiedelman McGaw, Jericho (Andrew Zajac of counsel), for respondents.
Before; Mazzarelli, J.P., Saxe, Sullivan, Friedman, Gonzalez, JJ.
The 10-year-old plaintiff suffered personal injury when he was pushed into a hallway window while playing "tag." Whatever the merit to the assertion that the window was improperly maintained and already broken, the playmate's shove that propelled the infant plaintiff into the window constituted an unforeseeable intervening act, sufficiently attenuated from defendants' conduct as to relieve them of liability ( Pena v. Schur, 245 A.D.2d 206, lv denied 91 N.Y.2d 811; see also Dantzler v. New York City Hous. Auth., 269 A.D.2d 420, lv denied 96 N.Y.2d 710).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.