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PENA v. SCHUR

245 A.D.2d 206 (1997)

665 N.Y.S.2d 898

Luis A. Pena et al., Appellants, v. Paul Schur et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 23, 1997

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

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