Sabatini v. Westchester Exceptional School

Appellate Division of the Supreme Court of New York

Sabatini v. Westchester Exceptional School

305 A.D.2d 658, 759 N.Y.S.2d 688

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

DecidedMay 27, 2003

StatusPublished

This text of 305 A.D.2d 658 (Sabatini v. Westchester Exceptional 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

Sabatini v. Westchester Exceptional School, 305 A.D.2d 658, 759 N.Y.S.2d 688 (N.Y. Ct. App. 2003).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Putnam County (Sweeny, [659]*659J.), dated August 8, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff, a school bus monitor employed by the Carmel School District, commenced this action to recover damages for personal injuries she sustained when she was attacked on the school bus by one of the students attending the defendant private school. The defendant moved for summary judgment dismissing the complaint and submitted evidence establishing its entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). The plaintiff failed to submit evidence raising a triable issue of fact as to whether the defendant breached any duty with respect to the incident in question.

The plaintiff’s remaining contentions are without merit. Feuerstein, J.P., S. Miller, McGinity and Crane, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Putnam County (Sweeny, [659]*659J.), dated August 8, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff, a school bus monitor employed by the Carmel School District, commenced this action to recover damages for personal injuries she sustained when she was attacked on the school bus by one of the students attending the defendant private school. The defendant moved for summary judgment dismissing the complaint and submitted evidence establishing its entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). The plaintiff failed to submit evidence raising a triable issue of fact as to whether the defendant breached any duty with respect to the incident in question.

The plaintiff’s remaining contentions are without merit. Feuerstein, J.P., S. Miller, McGinity and Crane, JJ., concur.

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Bluebook (online)

305 A.D.2d 658, 759 N.Y.S.2d 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabatini-v-westchester-exceptional-school-nyappdiv-2003.

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