You are here: / / NEGLIGENT SUPERVISION CAUSE OF ACTION AGAINST SCHOOL SHOULD NOT HAVE SURVIVED...
,

NEGLIGENT SUPERVISION CAUSE OF ACTION AGAINST SCHOOL SHOULD NOT HAVE SURVIVED SCHOOL’S MOTION FOR SUMMARY JUDGMENT, PLAINTIFF KINDERGARTEN STUDENT TRIPPED CARRYING A LUNCH TRAY (SECOND DEPT).

The Second Department, reversing Supreme Court, determined defendant school's (Board of Education's) motion for summary judgment in this negligent supervision action should have been granted. The four-year-old plaintiff tripped and fell as she was carrying a food tray:

“Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision” … . “Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students” … .

Here, the defendants made a prima facie showing of entitlement to judgment as a matter of law by establishing that the level of supervision afforded to the infant plaintiff was adequate … .. Contrary to the plaintiffs' contention, at the time of the accident, the infant plaintiff was in the midst of executing an age-appropriate task which she and her classmates had performed every single school day since the start of the 2012/2013 academic year … . Additionally, the mother's affidavit, which contradicted her own 50-h hearing testimony and the infant plaintiff's deposition testimony, was insufficient to raise a triable issue of fact … . L.R. v City of New York, 2018 NY Slip Op 00132, Second Dept 1-10-18

EDUCATION-SCHOOL LAW (NEGLIGENT SUPERVISION, NEGLIGENT SUPERVISION CAUSE OF ACTION AGAINST SCHOOL SHOULD NOT HAVE SURVIVED SCHOOL'S MOTION FOR SUMMARY JUDGMENT, PLAINTIFF KINDERGARTEN STUDENT TRIPPED CARRYING A LUNCH TRAY (SECOND DEPT))/NEGLIGENCE (EDUCATION-SCHOOL LAW, NEGLIGENT SUPERVISION, NEGLIGENT SUPERVISION CAUSE OF ACTION AGAINST SCHOOL SHOULD NOT HAVE SURVIVED SCHOOL'S MOTION FOR SUMMARY JUDGMENT, PLAINTIFF KINDERGARTEN STUDENT TRIPPED CARRYING A LUNCH TRAY (SECOND DEPT))/NEGLIGENT SUPERVISION (EDUCATION-SCHOOL LAW, NEGLIGENT SUPERVISION, NEGLIGENT SUPERVISION CAUSE OF ACTION AGAINST SCHOOL SHOULD NOT HAVE SURVIVED SCHOOL'S MOTION FOR SUMMARY JUDGMENT, PLAINTIFF KINDERGARTEN STUDENT TRIPPED CARRYING A LUNCH TRAY (SECOND DEPT))

You might also like
THE DEPRAVED-INDIFFERENCE ELEMENT OF THE CHARGED OFFENSES WAS NOT SUPPORTED BY THE WEIGHT OF THE EVIDENCE; ALTHOUGH DEFENDANT’S ATTEMPTS TO CARE FOR BURNS ON THE CHILD’S LEGS WERE GROSSLY INADEQUATE, THOSE MEASURES DID NOT SUPPORT A FINDING DEFENDANT DID NOT CARE AT ALL ABOUT THE CONDITION OF THE CHILD (SECOND DEPT).
THE NURSING HOME SUED BY DECEDENT’S DAUGHTER AS EXECUTOR OF HER MOTHER’S ESTATE BROUGHT A THIRD-PARTY ACTION AGAINST THE DAUGHTER ALLEGING HER MOTHER’S INJURIES DID NOT RESULT FROM A FALL AT THE NURSING HOME BUT RATHER FROM THE DAUGHTER’S NEGLIGENT FAILURE TO FOLLOW THE NURSING HOME’S INSTRUCTIONS FOR THE HOME CARE AND SUPERVISION OF HER MOTHER; UNDER THE FACTS OF THIS CASE THERE EXISTED NO DUTY OF CARE UNDER WHICH THE DAUGHTER COULD BE HELD LIABLE FOR CONTRIBUTION BY THE NURSING HOME (SECOND DEPT).
THE BANK DID NOT COMPLY WITH THE “SEPARATE ENVELOPE” RULE OF RPAPL 1304 WHICH REQUIRES THAT NOTHING ELSE BE INCLUDED IN THE ENVELOPE WITH THE NOTICE OF FORECLOSURE; THE BANK SHOULD NOT HAVE BEEN AWARDED SUMMARY JUDGMENT (SECOND DEPT).
Right to Call and Question Witnesses.
HANDWRITTEN PROVISION OF A LETTER OF INTENT CONTROLS, THE LETTER OF INTENT IS NOT A BINDING CONTRACT, BREACH OF A FIDUCIARY DUTY AND TORTIOUS INTERFERENCE WITH CONTRACT CAUSES OF ACTION PROPERLY DISMISSED IN THE ABSENCE OF A BINDING CONTRACT, UNJUST ENRICHMENT CAUSE OF ACTION PROPERLY DISMISSED BECAUSE THE BENEFIT TO THE DEFENDANTS WAS UNIDENTIFIED (SECOND DEPT).
CAUSES OF ACTION FOR UNJUST ENRICHMENT, BREACH OF FIDUCIARY DUTY AND AN ACCOUNTING SHOULD NOT HAVE BEEN DISMISSED; FAILURE TO TRANSFER ASSETS ALLEGED A CONTINUING WRONG AND PAYMENTS WHICH ALLEGEDLY SHOULD HAVE BEEN MADE DURING THE STATUTE OF LIMITATIONS PERIOD WERE ACTIONABLE (SECOND DEPT).
​THE ARBITRATOR’S AWARD OF EXCESSIVE ATTORNEY’S FEES WAS IRRATIONAL AND WARRANTED VACATION OF THE ENTIRE ARBITRATION AWARD (SECOND DEPT),
ERRONEOUS SANDOVAL RULING REQUIRED REVERSAL.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT’S STATEMENT TO A NEWSPAPER WAS NOT LIBELOUS BECAUSE IT FELL... ISSUING A PERMIT FOR THE WITHDRAWAL OF UP TO 1.5 BILLION GALLONS OF RIVER WATER...