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ORTIZ v. CREATIVE DAY CAMP, INC.

295 A.D.2d 415 (2002)

743 N.Y.S.2d 734

JASMINE ORTIZ et al., Appellants, v. CREATIVE DAY CAMP, INC., Respondent.

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

Decided June 10, 2002.

Ordered that the order and judgment is affirmed, without costs or disbursements.

The defendant made a prima facie showing of its entitlement to judgment as a matter of law by offering sufficient evidence that its employees used reasonable care in protecting the infant plaintiff (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). In response, the plaintiff failed to raise a triable issue of fact regarding whether the defendant...

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