October 18, 2012
SUMMER H., &C., ET AL., APPELLANTS,
THE NEW YORK CITY DEPARTMENT OF EDUCATION, RESPONDENT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
The order of the Appellate Division should be affirmed, with costs.
Viewing the evidence in a light most favorable to plaintiff (see e.g.
Branham v Loews Orpheum Cinemas, Inc., 8 NY3d 931, 931 ),
defendant demonstrated its entitlement to
summary judgment dismissing the complaint. The
infant-plaintiff's classmate's action in stepping backwards
constituted a "thoughtless or careless act" not preventable by
reasonable supervision (Mirand v City of New York, 84 NY2d 44, 49
). On review of submissions
pursuant to section 500.11 of the Rules, order affirmed, with costs,
in a memorandum.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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