Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

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

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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.