LaMacchia v City of New Rochelle
2007 NY Slip Op 10108 [46 AD3d 758]
December 18, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


Jonathan LaMacchia et al., Respondents,
v
City of New Rochelle, Defendant, and New Rochelle City School District, Appellant.

—[*1] O'Connor, McGuinness, Conte, Doyle & Oleson (Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. [Christine Gasser] of counsel), for appellant.

James J. Killerlane, New York, N.Y. (David Samel of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the defendant New Rochelle City School District appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated December 5, 2006, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

As the Supreme Court correctly found, in opposition to the appellant's prima facie showing the plaintiffs raised triable issues of fact sufficient to warrant the denial of the appellant's summary judgment motion (see Mirand v City of New York, 84 NY2d 44, 49-51 [1994]; Smith v Poughkeepsie City School Dist., 41 AD3d 579, 580 [2007]). Crane, J.P., Florio, Angiolillo and Carni, JJ., concur.