Opinion
10239 Index 300491/13
10-29-2019
Michael HERNANDEZ, Plaintiff–Appellant, v. BRONX–LEBANON HOSPITAL CENTER, Defendant–Respondent.
Mills & Edwards, LLP, New York (Dont Mills of counsel), for appellant. Turken, Heath & McCauley, Armonk (Jason D. Turken of counsel), for respondent.
Mills & Edwards, LLP, New York (Dont Mills of counsel), for appellant.
Turken, Heath & McCauley, Armonk (Jason D. Turken of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Webber, Oing, JJ.
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about October 4, 2018, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff sustained injuries during a fight with another individual outside the hospital. The evidence shows that plaintiff voluntarily participated in the physical altercation on defendant's premises, including by taking the first swing. "[O]ne who voluntarily participates in a physical fight cannot recover from a party generally charged with ensuring a safe environment" ( Carreras v. Morrisania Towers Hous. Co. Ltd. Partnership, 107 A.D.3d 618, 621, 968 N.Y.S.2d 66 [1st Dept. 2013], lv denied 22 N.Y.3d 852, 2013 WL 5614313 [2013] ).
In opposition, plaintiff failed to raise an issue of fact. Plaintiff's voluntary participation in the fight severed any causal connection between defendant's alleged negligence in providing reasonable security and his injuries (see Vega v. Ramirez, 57 A.D.3d 299, 300, 871 N.Y.S.2d 6 [1st Dept. 2008] ).