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SCHOOL’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED IN THIS NEGLIGENT SUPERVISION ACTION BROUGHT BY INJURED STUDENT.

The Second Department determined the defendant school’s motion for summary judgment in this negligent supervision action was properly denied. The complaint alleged plaintiff’s fall was caused by students jumping up and down on a bridge:

… [T]he defendant, in support of its motion for summary judgment dismissing the complaint, failed to submit evidence sufficient to establish, prima facie, that it properly supervised the infant plaintiff or that its alleged negligent supervision was not a proximate cause of his injuries .. . J.M. v North Babylon Union Free Sch. Dist., 2016 NY Slip Op 08847, 2nd Dept 12-28-16

NEGLIGENCE (SCHOOL’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED IN THIS NEGLIGENT SUPERVISION ACTION BROUGHT BY INJURED STUDENT)/EDUCATION-SHOOL LAW (SCHOOL’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED IN THIS NEGLIGENT SUPERVISION ACTION BROUGHT BY INJURED STUDENT)

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DESPITE THE EXPRESS EXCLUSION OF LIABILITY TO THIRD PARTIES IN THE CONTRACT... SCHOOL NOT ENTITLED TO SUMMARY JUDGMENT, PLAINTIFF INJURED WHEN A STUDENT FELL...