BARNES-PAYNE v. JEWISH CHILD CARE ASSN. OF N.Y.

2012-03564.

105 A.D.3d 984 (2013)

963 N.Y.S.2d 596

2013 NY Slip Op 2705

ROSE BARNES-PAYNE et al., Respondents, v. JEWISH CHILD CARE ASSOCIATION OF NEW YORK, Appellant.

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

Decided April 24, 2013.


In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated February 22, 2012, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant failed to establish, prima facie, its entitlement to judgment as a matter of law. We note that the defendant...

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