Cornish v. Lawrence Union Free School District

Appellate Division of the Supreme Court of New York

Cornish v. Lawrence Union Free School District

281 A.D.2d 507, 721 N.Y.S.2d 800, 2001 N.Y. App. Div. LEXIS 2582

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

DecidedMarch 19, 2001

StatusPublished

This text of 281 A.D.2d 507 (Cornish v. Lawrence Union Free 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

Cornish v. Lawrence Union Free School District, 281 A.D.2d 507, 721 N.Y.S.2d 800, 2001 N.Y. App. Div. LEXIS 2582 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), dated March 1, 2000, which, upon reargument, vacated so much of a prior order of the same court, dated June 18, 1999, as, granted the defendant’s motion for summary judgment dismissing the complaint, and thereupon denied the motion.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that there exist triable issues of fact (see, CPLR 3212 [b]) both as to whether the defendant breached a duty to provide adequate supervision and whether such negligence was the proximate cause of the injuries sustained by the infant plaintiff (see, Mirand v City of New York, 84 NY2d 44, 49-50). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), dated March 1, 2000, which, upon reargument, vacated so much of a prior order of the same court, dated June 18, 1999, as, granted the defendant’s motion for summary judgment dismissing the complaint, and thereupon denied the motion.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that there exist triable issues of fact (see, CPLR 3212 [b]) both as to whether the defendant breached a duty to provide adequate supervision and whether such negligence was the proximate cause of the injuries sustained by the infant plaintiff (see, Mirand v City of New York, 84 NY2d 44, 49-50). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

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Bluebook (online)

281 A.D.2d 507, 721 N.Y.S.2d 800, 2001 N.Y. App. Div. LEXIS 2582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornish-v-lawrence-union-free-school-district-nyappdiv-2001.

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