Pena v. Schur

Full title: LUIS A. PENA et al., Appellants, v. PAUL SCHUR et al., Respondents

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

Date published: Dec 23, 1997

245 A.D.2d 206 (N.Y. App. Div. 1997)

665 N.Y.S.2d 898

Opinion

December 23, 1997

Appeal from Supreme Court, Bronx County (Alan Saks, J.).

Since it is clear, as a matter of law, that plaintiffs' own conduct in engaging in rough horseplay, which resulted in their crashing through a window, was the sole proximate cause of their injuries, and that defendants' negligence, if any, was not a proximate cause, the court properly granted defendants' motion for summary judgment ( see, Kelly v. Great Neck Union Free School Dist., 192 A.D.2d 696, lv denied 82 N.Y.2d 658; see also, Lee v. Durow's Rest., 238 A.D.2d 384).

Concur — Ellerin, J. P., Nardelli, Williams, Andrias and Colabella, JJ.