Seidel v. White Plains City School District

Appellate Division of the Supreme Court of New York

Seidel v. White Plains City School District

271 A.D.2d 518, 705 N.Y.S.2d 404, 2000 N.Y. App. Div. LEXIS 4060

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

DecidedApril 10, 2000

StatusPublished

Cited by1 cases

This text of 271 A.D.2d 518 (Seidel v. White Plains City 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

Seidel v. White Plains City School District, 271 A.D.2d 518, 705 N.Y.S.2d 404, 2000 N.Y. App. Div. LEXIS 4060 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered April 21, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

Contrary to the Supreme Court’s determination, the defendants failed to make a prima facie showing of entitlement to judgment as a matter of law. They did not produce sufficient evidence that the so-called “floor hockey” game in question was properly supervised and controlled, or that they had taken reasonable steps to ensure that the equipment used by the student participants did not unreasonably increase the risk of injury (see, Zuckerman v City of New York, 49 NY2d 557; Benitez v New York City Bd. of Educ., 73 NY2d 650). Thus, defendants’ motion should have been denied (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). O’Brien, J. P., Ritter, Sullivan and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered April 21, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

Contrary to the Supreme Court’s determination, the defendants failed to make a prima facie showing of entitlement to judgment as a matter of law. They did not produce sufficient evidence that the so-called “floor hockey” game in question was properly supervised and controlled, or that they had taken reasonable steps to ensure that the equipment used by the student participants did not unreasonably increase the risk of injury (see, Zuckerman v City of New York, 49 NY2d 557; Benitez v New York City Bd. of Educ., 73 NY2d 650). Thus, defendants’ motion should have been denied (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). O’Brien, J. P., Ritter, Sullivan and Smith, JJ., concur.

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Bluebook (online)

271 A.D.2d 518, 705 N.Y.S.2d 404, 2000 N.Y. App. Div. LEXIS 4060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seidel-v-white-plains-city-school-district-nyappdiv-2000.

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