DeChoudens v. St. Raymond's School

Appellate Division of the Supreme Court of New York

DeChoudens v. St. Raymond's School

278 A.D.2d 68, 717 N.Y.S.2d 526, 2000 N.Y. App. Div. LEXIS 13074

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

DecidedDecember 12, 2000

StatusPublished

This text of 278 A.D.2d 68 (DeChoudens v. St. Raymond's School) 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

DeChoudens v. St. Raymond's School, 278 A.D.2d 68, 717 N.Y.S.2d 526, 2000 N.Y. App. Div. LEXIS 13074 (N.Y. Ct. App. 2000).

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Opinion

Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered on or about September 29, 1999, which granted defendant’s motion for summary judgment dismissing plaintiffs’ complaint, unanimously affirmed, without costs.

Plaintiffs seek to recover for injuries sustained by the infant plaintiff when she fell down in the school playground during an after-school program as she attempted to kick a ball. Summary judgment was properly granted since plaintiff, in response to defendant’s prima facie showing of entitlement to judgment as a matter of law, failed to offer evidentiary proof raising a triable issue as to whether her fall was attributable to a dangerous condition on defendant’s property or to inadequate supervision by defendant (see, Mir and v City of New York, 84 NY2d 44, 49; see also, Huertas v Our Lady of Refuge Parochial School, 273 AD2d 79). Concur — Nardelli, J. P., Mazzarelli, Lerner, Buckley and Friedman JJ.

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Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered on or about September 29, 1999, which granted defendant’s motion for summary judgment dismissing plaintiffs’ complaint, unanimously affirmed, without costs.

Plaintiffs seek to recover for injuries sustained by the infant plaintiff when she fell down in the school playground during an after-school program as she attempted to kick a ball. Summary judgment was properly granted since plaintiff, in response to defendant’s prima facie showing of entitlement to judgment as a matter of law, failed to offer evidentiary proof raising a triable issue as to whether her fall was attributable to a dangerous condition on defendant’s property or to inadequate supervision by defendant (see, Mir and v City of New York, 84 NY2d 44, 49; see also, Huertas v Our Lady of Refuge Parochial School, 273 AD2d 79). Concur — Nardelli, J. P., Mazzarelli, Lerner, Buckley and Friedman JJ.

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Bluebook (online)

278 A.D.2d 68, 717 N.Y.S.2d 526, 2000 N.Y. App. Div. LEXIS 13074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dechoudens-v-st-raymonds-school-nyappdiv-2000.

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