Springer v. Yonkers Board of Education

Appellate Division of the Supreme Court of New York

Springer v. Yonkers Board of Education

8 A.D.3d 359, 777 N.Y.S.2d 768, 2004 N.Y. App. Div. LEXIS 7851

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

DecidedJune 7, 2004

StatusPublished

This text of 8 A.D.3d 359 (Springer v. Yonkers Board of Education) 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

Springer v. Yonkers Board of Education, 8 A.D.3d 359, 777 N.Y.S.2d 768, 2004 N.Y. App. Div. LEXIS 7851 (N.Y. Ct. App. 2004).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the defendant Yonkers Board of Education appeals from an order of the Supreme Court, Westchester County (Murphy, J.), entered March 6, 2003, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

[360]*360Ordered that the order is affirmed, with costs.

The appellant demonstrated, prima facie, its entitlement to judgment as a matter of law by showing that there was adequate playground supervision and, in any event, that the level of supervision was not the proximate cause of the incident (see Reuveni v BECEC, Inc., 5 AD3d 367 [2004]; Cranston v Nyack Pub. Schools, 303 AD2d 441 [2003]; Navarra v Lynbrook Pub. Schools, Lynbrook Union Free School Dist., 289 AD2d 211 [2001]). In response, the plaintiffs raised a triable issue of fact as to whether the appellant should have permitted the injured infant plaintiff to participate in an athletic activity during recess (see Mirand v City of New York, 84 NY2d 44 [1994]; Pacella v Masone, 262 AD2d 291 [1999]). S. Miller, J.P., Adams, Cozier and Rivera, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, etc., the defendant Yonkers Board of Education appeals from an order of the Supreme Court, Westchester County (Murphy, J.), entered March 6, 2003, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

[360]*360Ordered that the order is affirmed, with costs.

The appellant demonstrated, prima facie, its entitlement to judgment as a matter of law by showing that there was adequate playground supervision and, in any event, that the level of supervision was not the proximate cause of the incident (see Reuveni v BECEC, Inc., 5 AD3d 367 [2004]; Cranston v Nyack Pub. Schools, 303 AD2d 441 [2003]; Navarra v Lynbrook Pub. Schools, Lynbrook Union Free School Dist., 289 AD2d 211 [2001]). In response, the plaintiffs raised a triable issue of fact as to whether the appellant should have permitted the injured infant plaintiff to participate in an athletic activity during recess (see Mirand v City of New York, 84 NY2d 44 [1994]; Pacella v Masone, 262 AD2d 291 [1999]). S. Miller, J.P., Adams, Cozier and Rivera, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

8 A.D.3d 359, 777 N.Y.S.2d 768, 2004 N.Y. App. Div. LEXIS 7851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springer-v-yonkers-board-of-education-nyappdiv-2004.

Opinion

Related

Cite This Page — Counsel Stack