McAuley v. Valley Stream Union Free School District Thirteen

Appellate Division of the Supreme Court of New York

McAuley v. Valley Stream Union Free School District Thirteen

272 A.D.2d 592, 709 N.Y.S.2d 830, 2000 N.Y. App. Div. LEXIS 6060

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

DecidedMay 30, 2000

StatusPublished

This text of 272 A.D.2d 592 (McAuley v. Valley Stream Union Free School District Thirteen) 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.

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McAuley v. Valley Stream Union Free School District Thirteen, 272 A.D.2d 592, 709 N.Y.S.2d 830, 2000 N.Y. App. Div. LEXIS 6060 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Cozzens, J.), dated July 16, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

It is well established that a school is not the insurer of the safety of its students, and it is only under a duty to exercise the degree of reasonable care that a parent of ordinary prudence would have exercised under comparable circumstances (see, Hauser v North Rockland Cent. School Dist. No. 1, 166 AD2d 553). When an injury results from the act of an intervening third party which, under the circumstances, could not have been anticipated in the reasonable exercise of the school’s legal duty to the child, there can be no liability on the part of the school (see, McGregor v City of New York, 197 AD2d 609; Hauser v North Rockland Cent. School Dist. No. 1, supra). The Supreme Court properly granted summary judgment to the defendant dismissing the complaint after it made out a [593]*593prima facie case for such relief and no triable issue of fact was presented by the plaintiffs as to the liability of the school (see, McGregor v City of New York, supra).

The plaintiffs’ other contentions are without merit. O’Brien, J. P., Friedmann, McGinity and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Cozzens, J.), dated July 16, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

It is well established that a school is not the insurer of the safety of its students, and it is only under a duty to exercise the degree of reasonable care that a parent of ordinary prudence would have exercised under comparable circumstances (see, Hauser v North Rockland Cent. School Dist. No. 1, 166 AD2d 553). When an injury results from the act of an intervening third party which, under the circumstances, could not have been anticipated in the reasonable exercise of the school’s legal duty to the child, there can be no liability on the part of the school (see, McGregor v City of New York, 197 AD2d 609; Hauser v North Rockland Cent. School Dist. No. 1, supra). The Supreme Court properly granted summary judgment to the defendant dismissing the complaint after it made out a [593]*593prima facie case for such relief and no triable issue of fact was presented by the plaintiffs as to the liability of the school (see, McGregor v City of New York, supra).

The plaintiffs’ other contentions are without merit. O’Brien, J. P., Friedmann, McGinity and Smith, JJ., concur.

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Bluebook (online)

272 A.D.2d 592, 709 N.Y.S.2d 830, 2000 N.Y. App. Div. LEXIS 6060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcauley-v-valley-stream-union-free-school-district-thirteen-nyappdiv-2000.

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