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NUNEZ v. CITY OF NEW YORK

2008-06708

69 A.D.3d 696 (2010)

891 N.Y.S.2d 663

2010 NY Slip Op 237

GEORGE NUNEZ et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided January 12, 2010.

Ordered that the order is affirmed, with costs.

In opposition to the plaintiffs' prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]; Zuckerman v City of New York, 49 N.Y.2d 557 [1980]), the defendant failed to raise a triable issue of fact as to whether the injured plaintiff's own actions were the sole proximate cause...

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