Cirino by Gkanios v. Greek Orthodox Community of Yonkers, Inc.

• Decision Date: 03 May 1993
• Citation: 193 A.D.2d 576,598 N.Y.S.2d 959
• Parties: Peter CIRINO, an Infant, by His Mother and Natural Guardian, Maria GKANIOS, Respondent, v. The GREEK ORTHODOX COMMUNITY OF YONKERS, INC., et al., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 959

598 N.Y.S.2d 959

193 A.D.2d 576

Peter CIRINO, an Infant, by His Mother and NaturalGuardianMaria GKANIOS, Respondent, v.The GREEK ORTHODOX COMMUNITY OF YONKERS, INC., et al., Appellants.

Supreme Court of New York, Appellate Division Second Department.

May 3, 1993

J. Russell Clune, P.C., Harrison (Kevin P. Clune, of counsel), for appellants.Juron and Minzner, P.C., New York City(Albert A. Juron, of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County(Nastasi, J.), entered March 14, 1991, which denied their motion for summary judgment dismissing the complaint.ORDERED that the order is affirmed, with costs.The affidavits submitted by the parties' experts raised triable issues of fact (see, CPLR 3212) as to whether the height of the guardrails on the second floor of the defendants' premises complied with the pertinent regulations of the City of Yonkers Building Code.It was therefore proper for the Supreme Court to deny the defendants' motion for summary judgment dismissing...