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

New York Supreme Court, Appellate Division1997-12-23
245 A.D.2d 206665 N.Y.S.2d 898

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Opinion

majority opinion

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered October 15, 1996, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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 AD2d 696, lv denied 82 NY2d 658; see also, Lee v Durow’s Rest., 238 AD2d 384). Concur—Ellerin, J. P., Nardelli, Williams, Andidas and Colabella, JJ.