Prystajko v. Western New York Public Broadcasting Ass'n

Scudder, P.J., and Peradotto, J.

(dissenting in part).

We respectfully dissent in part inasmuch as we cannot agree with the majority that Supreme Court properly denied that part of the motion of Western New York Public Broadcasting Association (defendant) for summary judgment dismissing the negligence cause of action against it. In our view, the inoperable lift gate “merely furnished the condition or occasion for the [accident] but was not one of its causes” (Wechter v Kelner, 40 AD3d 747, 748 [2007], lv denied 9 NY3d 806 [2007] [internal quotation marks omitted]; see Schiff v Possemato, 25…