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RYAN OLDHAM et al., Respondents, v. EASTPORT UNION FREE SCHOOL DISTRICT et al., Appellants.

Ordered that the order is affirmed insofar as appealed from, with costs.

While a school is not the insurer of the safety of students ( see Mirand v. City of New York, 84 NY2d 44, 49), a school owes a duty to adequately supervise students in its care and will be held liable for foreseeable injuries proximately related to the absence of adequate supervision ( see Mirand v. City of New York, supra; Ghaffari v. North Rockland Cent. School Dist., 23 AD3d 342; Rivera v. Board of Educ. of City of Yonkers, 19 AD3d 394, 395; Doe v. Rohan, 17 AD3d 509, 511, lv denied 6 NY3d 701). In support of their motion for summary judgment, the defendants failed to establish their prima facie entitlement to judgment as a matter of law by tendering sufficient evidence to eliminate any material issues of fact ( see Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851, 853). Failure to make such a showing requires denial of the motion, regardless of the sufficiency of the opposing papers ( id.). Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint.

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OLDHAM v. EASTPORT UNION FREE SCHOOL DISTRICT
(Feb 28, 2006)