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PLAINTIFF STUDENT INJURED WHEN GYMNASIUM DOOR CLOSED ON HIS FINGER, INADEQUATE SUPERVISION WAS NOT THE PROXIMATE CAUSE OF THE INJURY, CITY IS NOT LIABLE FOR TORTS OF THE DEPARTMENT OF EDUCATION, NOTICE OF CLAIM DID NOT INCLUDE ALLEGATION THAT THE DOOR WAS DEFECTIVE (SECOND DEPT).

The Second Department determined plaintiff student’s negligent supervision cause of action against the city and the school district was properly dismissed. The city cannot be liable for the torts of the Department of Education. The student was injured when the gymnasium door closed on his finger. Negligent supervision was not the proximate cause of the injuries because the injury happened so fast. The theory that the door was defective was not included in the notice of claim and could not be raised to defeat summary judgment:

Although schools have a duty to provide supervision to ensure the safety of those in their charge … , schools will be held liable only for foreseeable injuries proximately related to the absence of adequate supervision … . When an accident occurs in so short a span of time that even the most intense supervision could not have prevented it, lack of supervision is not the proximate cause of the injury … .

Here, the defendants made a prima facie showing of the DOE’s entitlement to judgment as a matter of law dismissing the negligent supervision cause of action by establishing that any alleged inadequacy in the level of supervision was not a proximate cause of the accident … . …

The plaintiffs’ allegation that the subject door was negligently maintained does not defeat the defendants’ motion. Since this theory of liability was not included in the notice of claim or the complaint … , and there was nothing in the notice of claim that would provide notice to the defendants about this allegation … , it does not raise a triable issue of fact to defeat the defendants’ motion for summary judgment. Furthermore, the plaintiffs did not seek leave to amend the notice of claim pursuant to General Municipal Law § 50-e … . K.B. v City of New York, 2018 NY Slip Op 07710, Second Dept 11-14-18

EDUCATION-SCHOOL LAW (NEGLIGENT SUPERVISION, PLAINTIFF STUDENT INJURED WHEN GYMNASIUM DOOR CLOSED ON HIS FINGER, INADEQUATE SUPERVISION WAS NOT THE PROXIMATE CAUSE OF THE INJURY, CITY IS NOT LIABLE FOR TORTS OF THE DEPARTMENT OF EDUCATION, NOTICE OF CLAIM DID NOT INCLUDE ALLEGATION THAT THE DOOR WAS DEFECTIVE (SECOND DEPT))/NEGLIGENT SUPERVISION (EDUCATION-SCHOOL LAW, PLAINTIFF STUDENT INJURED WHEN GYMNASIUM DOOR CLOSED ON HIS FINGER, INADEQUATE SUPERVISION WAS NOT THE PROXIMATE CAUSE OF THE INJURY, CITY IS NOT LIABLE FOR TORTS OF THE DEPARTMENT OF EDUCATION, NOTICE OF CLAIM DID NOT INCLUDE ALLEGATION THAT THE DOOR WAS DEFECTIVE (SECOND DEPT))/MUNICIPAL LAW (EDUCATION-SCHOOL LAW, NEGLIGENT SUPERVISION, PLAINTIFF STUDENT INJURED WHEN GYMNASIUM DOOR CLOSED ON HIS FINGER, INADEQUATE SUPERVISION WAS NOT THE PROXIMATE CAUSE OF THE INJURY, CITY IS NOT LIABLE FOR TORTS OF THE DEPARTMENT OF EDUCATION, NOTICE OF CLAIM DID NOT INCLUDE ALLEGATION THAT THE DOOR WAS DEFECTIVE (SECOND DEPT))/NOTICE OF CLAIM  (EDUCATION-SCHOOL LAW, NEGLIGENT SUPERVISION, PLAINTIFF STUDENT INJURED WHEN GYMNASIUM DOOR CLOSED ON HIS FINGER, INADEQUATE SUPERVISION WAS NOT THE PROXIMATE CAUSE OF THE INJURY, CITY IS NOT LIABLE FOR TORTS OF THE DEPARTMENT OF EDUCATION, NOTICE OF CLAIM DID NOT INCLUDE ALLEGATION THAT THE DOOR WAS DEFECTIVE (SECOND DEPT))

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