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Summer H., &C., et al v. the New York City Department of Education

New York Court of Appeals


October 18, 2012

SUMMER H., &C., ET AL., APPELLANTS,
v.
THE NEW YORK CITY DEPARTMENT OF EDUCATION, RESPONDENT.

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

MEMORANDUM:

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 [2007]), 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 [1994]). 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.

20121018

© 1992-2012 VersusLaw Inc.



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