General

Adelaid Trummer, Respondent, v. Eastchester Union Free School District, Appellant

2 A.D.3d 626768 N.Y.S.2d 340·New York Supreme Court, Appellate Division·2003·NY

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Opinion

Adelaid Trummer, Respondent, v Eastchester Union Free School District, Appellant. [768 NYS2d 340] [MAJORITY] —In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered April 30, 2003, which denied its motion for summary judgment dismissing the complaint. Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed. The defendant made a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986] ; Zuckerman v City of New York, 49 NY2d 557 [1980]). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court erred in denying the defendant’s motion for summary judgment. Ritter, J.P., Florio, Friedmann and H. Miller, JJ., concur.