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Ross v. College of New Rochelle

190 A.D.2d 635 Court N.Y. App. Div. Decision date 1993-02-25 English

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p. 635
Jonathan Ross, an Infant, by His Parent and Natural Guardian, Jonathan Ross, et al., Respondents, v College of New Rochelle, Respondent, and Patti (Patricia) Marano et al., Appellants.

— Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered May 15, 1992, which denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs.

The infant plaintiff suffered an eye injury when he pulled on a cord attached to a pen which was affixed to a bulletin board and was struck by a "push pin”. The IAS Court properly found that genuine triable issues of fact exist including foreseeability of harm, control of the instrumentality, and proximate cause. Concur — Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.