Carr v. Indian Lake School District

Appellate Division of the Supreme Court of New York

Carr v. Indian Lake School District

115 A.D.2d 926, 496 N.Y.S.2d 950, 1985 N.Y. App. Div. LEXIS 55285

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

DecidedDecember 26, 1985

StatusPublished

This text of 115 A.D.2d 926 (Carr v. Indian Lake School District) 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

Carr v. Indian Lake School District, 115 A.D.2d 926, 496 N.Y.S.2d 950, 1985 N.Y. App. Div. LEXIS 55285 (N.Y. Ct. App. 1985).

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Opinion

Kane, J. P.

Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered March 4, 1985 in Hamilton County, which denied defendant’s motion for summary judgment dismissing the amended complaint.

On the evening of December 11, 1979, plaintiff Christine M. Carr suffered an injury to her right eye after being struck by a snowball while in the process of entering the Indian Lake Central School to attend an interscholastic basketball game. Carr was walking in the driveway that provided access to a side entrance to the school when she was struck by the snowball. In due course, plaintiffs commenced this action against defendant. After pretrial discovery, defendant moved for summary judgment. This motion was denied by Special Term and the instant appeal ensued.

We reverse. The Court of Appeals, in Lawes v Board of Educ. (16 NY2d 302), instructs us that a school district is not liable for injury to a child struck by a snowball on school property where, as here, the school district did not have prior notice of snowball throwing on school property and there are no facts indicating the existence of a special danger. There[927]*927fore, summary judgment should be granted to defendant dismissing the amended complaint.

Order reversed, on the law, without costs, motion granted and amended complaint dismissed. Kane, J. P., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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Kane, J. P.

Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered March 4, 1985 in Hamilton County, which denied defendant’s motion for summary judgment dismissing the amended complaint.

On the evening of December 11, 1979, plaintiff Christine M. Carr suffered an injury to her right eye after being struck by a snowball while in the process of entering the Indian Lake Central School to attend an interscholastic basketball game. Carr was walking in the driveway that provided access to a side entrance to the school when she was struck by the snowball. In due course, plaintiffs commenced this action against defendant. After pretrial discovery, defendant moved for summary judgment. This motion was denied by Special Term and the instant appeal ensued.

We reverse. The Court of Appeals, in Lawes v Board of Educ. (16 NY2d 302), instructs us that a school district is not liable for injury to a child struck by a snowball on school property where, as here, the school district did not have prior notice of snowball throwing on school property and there are no facts indicating the existence of a special danger. There[927]*927fore, summary judgment should be granted to defendant dismissing the amended complaint.

Order reversed, on the law, without costs, motion granted and amended complaint dismissed. Kane, J. P., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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115 A.D.2d 926, 496 N.Y.S.2d 950, 1985 N.Y. App. Div. LEXIS 55285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-indian-lake-school-district-nyappdiv-1985.

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