CONTE v. MINNESAUKE

Ordered that the judgment is affirmed, with costs.

While attending an after-school program sponsored by the defendants, the then-five-year-old-infant plaintiff allegedly was injured when he jumped off a slide in the school playground. The plaintiffs commenced this action, and the defendants moved for summary judgment dismissing the complaint.

The defendants established their prima facie entitlement to judgment as a matter of law by presenting evidence that there was adequate playground supervision, and that the level of supervision was not the proximate cause of the accident ( see Davidson v Sachem Cent. School Dist., 300 AD2d 276). The evidence the plaintiffs submitted in opposition to the defendants' motion for summary judgment including, inter alia, their expert's affidavit, failed to raise a triable issue of fact ( see Swan v Town of Brookhaven, 32 AD3d 1012, 1013-1014). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

The plaintiffs' remaining contentions are without merit.