McCollin v. Roman Catholic Archdiocese

Appellate Division of the Supreme Court of New York

McCollin v. Roman Catholic Archdiocese

45 A.D.3d 478, 846 N.Y.S.2d 158

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

DecidedNovember 27, 2007

StatusPublished

Cited by3 cases

This text of 45 A.D.3d 478 (McCollin v. Roman Catholic Archdiocese) 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

McCollin v. Roman Catholic Archdiocese, 45 A.D.3d 478, 846 N.Y.S.2d 158 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered June 8, 2006, which granted defendants’ motion for [479]*479summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was warranted in this action, where the infant plaintiff, an eighth-grade student at defendant school, was injured during the course of a basketball practice when a ninth-grader, who was a recent graduate of the school and at the practice to assist the school’s basketball coach, kicked infant plaintiff in the face. Defendants made a prima facie case of entitlement to summary judgment by establishing that the infant plaintiffs injuries were the result of a sudden, unforeseeable, and spontaneous attack that could not have been prevented by greater supervision (see Baker v Trinity-Pawling School, 21 AD3d 272 [2005], lv dismissed 7 NY3d 739 [2006]). Plaintiffs’ opposition failed to adduce sufficient evidence to demonstrate that defendants did not exercise ordinary reasonable care in its supervision of the infant plaintiff (see Benitez v New York City Bd. of Educ., 73 NY2d 650, 656 [1989]; Capotosto v Roman Catholic Diocese of Rockville Ctr., 2 AD3d 384, 385-386 [2003]).

We have considered plaintiffs’ remaining arguments and find them unavailing. Concur—Tom, J.P., Mazzarelli, Saxe, Marlow and Williams, JJ.

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Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered June 8, 2006, which granted defendants’ motion for [479]*479summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was warranted in this action, where the infant plaintiff, an eighth-grade student at defendant school, was injured during the course of a basketball practice when a ninth-grader, who was a recent graduate of the school and at the practice to assist the school’s basketball coach, kicked infant plaintiff in the face. Defendants made a prima facie case of entitlement to summary judgment by establishing that the infant plaintiffs injuries were the result of a sudden, unforeseeable, and spontaneous attack that could not have been prevented by greater supervision (see Baker v Trinity-Pawling School, 21 AD3d 272 [2005], lv dismissed 7 NY3d 739 [2006]). Plaintiffs’ opposition failed to adduce sufficient evidence to demonstrate that defendants did not exercise ordinary reasonable care in its supervision of the infant plaintiff (see Benitez v New York City Bd. of Educ., 73 NY2d 650, 656 [1989]; Capotosto v Roman Catholic Diocese of Rockville Ctr., 2 AD3d 384, 385-386 [2003]).

We have considered plaintiffs’ remaining arguments and find them unavailing. Concur—Tom, J.P., Mazzarelli, Saxe, Marlow and Williams, JJ.

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Bluebook (online)

45 A.D.3d 478, 846 N.Y.S.2d 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccollin-v-roman-catholic-archdiocese-nyappdiv-2007.

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