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LANEY JONES, Appellant, v. CITY OF NEW YORK, Respondent.

Ordered that the order is affirmed, with costs.

The infant plaintiff was injured while playing near an abandoned scooter located on a vacant lot owned by the City of New York. Another infant playing at the lot placed a lighted match inside the gas tank of the scooter causing an explosion that resulted in the infant plaintiff's injuries.

The City demonstrated its prima facie entitlement to judgment as a matter of law ( see Alvarez v. Prospect Hosp., 68 NY2d 320). Even assuming that the City breached its duty to maintain the vacant lot in a reasonably safe condition ( see Parnell v. Holland Furnace Co., 234 App Div 567, affd 260 NY 604; see generally Basso v. Miller, 40 NY2d 233), it cannot be held liable for the accident. The act of the other infant in throwing a lighted match into the gas-filled tank "constituted a superseding cause which so attenuated any alleged negligence by the City from the ultimate injury that the imposition of liability would be unreasonable under the circumstances" ( Dantzler v. New York City Hous. Auth., 269 AD2d 420; see Cruz v. City of New York, 6 AD3d 644; Barth v. City of New York, 307 AD2d 943; Clark v. New York City Hous. Auth., 277 AD2d 338; Stephenson v. Johnson Son, 239 AD2d 402; O'Britis v. Peninsula Golf Course, 143 AD2d 123). In opposition, the plaintiff failed to raise a triable issue of fact.

Thus, the Supreme Court properly granted the City's motion for summary judgment dismissing the complaint.

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JONES v. CITY OF NEW YORK
(Aug 16, 2004)