Home/New York Court of Appeals/Summer H. v. New York City Department of Education

Summer H. v. New York City Department of Education

978 N.E.2d 593, 19 N.Y.3d 1030
CourtNew York Court of Appeals
DecidedOctober 18, 2012
StatusPublished
Cited by35 cases

This text of 978 N.E.2d 593 (Summer H. v. New York City Department of Education) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Summer H. v. New York City Department of Education, 978 N.E.2d 593, 19 N.Y.3d 1030 (N.Y. 2012).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Viewing the evidence in a light most favorable to plaintiff (see e.g. Branham v Loews Orpheum Cinemas, Inc., 8 NY3d 931, 932 [2007]), defendant demonstrated its entitlement to summary judgment dismissing the complaint. The infant plaintiff’s classmate’s action in stepping backwards constituted a “thoughtless or careless act” not preventable by reasonable supervision (Mirand v City of New York, 84 NY2d 44, 49 [1994]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
978 N.E.2d 593, 19 N.Y.3d 1030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summer-h-v-new-york-city-department-of-education-ny-2012.