Benedict v. Board of Education

Appellate Division of the Supreme Court of New York

Benedict v. Board of Education

286 A.D.2d 971, 730 N.Y.S.2d 765, 2001 N.Y. App. Div. LEXIS 8976

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 28, 2001

StatusPublished

This text of 286 A.D.2d 971 (Benedict v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benedict v. Board of Education, 286 A.D.2d 971, 730 N.Y.S.2d 765, 2001 N.Y. App. Div. LEXIS 8976 (N.Y. Ct. App. 2001).

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Opinion

—Judgment unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover for personal injuries sustained by [972]*972their four-year-old son (Thomas) when he fell from gymnasium bleachers owned and maintained by defendant. Defendant interposed a third-party complaint against Thomas’s aunt, alleging that she was negligent in supervising Thomas at the time of the accident. Supreme Court properly granted the motion of third-party defendant for summary judgment dismissing the third-party complaint. Third-party defendant demonstrated her entitlement to judgment as a matter of law by establishing that she did not expressly or implicitly assume a duty to supervise Thomas (see, Hanley v East Moriches Union Free School Dist. II, 275 AD2d 389, 390, lv denied 95 NY2d 769; Pitkewicz v Boy Scouts, 231 AD2d 561, 561-562; Pitkewicz v Kane, 227 AD2d 113, 114), and defendant-third-party plaintiff failed to raise a triable question of fact on that issue (see, Hanley v East Moriches Union Free School Dist. II, supra, at 390; Reed v Pawling Cent. School Dist., 245 AD2d 281, lv denied 91 NY2d 809). (Appeal from Judgment of Supreme Court, Livingston County, Cicoria, J. — Summary Judgment.) Present— Green, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

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—Judgment unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover for personal injuries sustained by [972]*972their four-year-old son (Thomas) when he fell from gymnasium bleachers owned and maintained by defendant. Defendant interposed a third-party complaint against Thomas’s aunt, alleging that she was negligent in supervising Thomas at the time of the accident. Supreme Court properly granted the motion of third-party defendant for summary judgment dismissing the third-party complaint. Third-party defendant demonstrated her entitlement to judgment as a matter of law by establishing that she did not expressly or implicitly assume a duty to supervise Thomas (see, Hanley v East Moriches Union Free School Dist. II, 275 AD2d 389, 390, lv denied 95 NY2d 769; Pitkewicz v Boy Scouts, 231 AD2d 561, 561-562; Pitkewicz v Kane, 227 AD2d 113, 114), and defendant-third-party plaintiff failed to raise a triable question of fact on that issue (see, Hanley v East Moriches Union Free School Dist. II, supra, at 390; Reed v Pawling Cent. School Dist., 245 AD2d 281, lv denied 91 NY2d 809). (Appeal from Judgment of Supreme Court, Livingston County, Cicoria, J. — Summary Judgment.) Present— Green, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

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Bluebook (online)

286 A.D.2d 971, 730 N.Y.S.2d 765, 2001 N.Y. App. Div. LEXIS 8976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benedict-v-board-of-education-nyappdiv-2001.

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