Mingone v. Ardsley Union Free School District

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Wood, J.), entered November 19, 1993, which, upon the granting of the defendant’s motion pursuant to CPLR 4401 for judgment as a matter of law, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to make out a prima facie case. There was insufficient evidence that the condition which caused the infant plaintiff’s injury, a piece of wire sticking horizontally out of a rusty…