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

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 NY2d 320; Zuckerman v City of New York, 49 NY2d 557), the defendant failed to raise a triable issue of fact as to whether the injured plaintiffs own actions were the sole proximate cause of the accident ( see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 290-291; Rico-Castro v Do Co N.Y. Catering, Inc., 60 AD3d 749, 750; Santo v Scro, 43 AD3d 897, 898-899; Pichardo v Aurora Contrs., Inc., 29 AD3d 879, 881). Accordingly, the Supreme Court properly granted the plaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240 (1). [Prior Case History: 20 Misc 3d 1103(A), 2008 NY Slip Op 51201(U).]

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NUNEZ v. CITY OF NEW YORK
(Jan 12, 2010)