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REUVENI v. BECEC, INC

Appellate Division of the Supreme Court of New York, Second Department.
Mar 1, 2004
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant demonstrated, prima facie, its entitlement to judgment as a matter of law by showing that there was adequate playground supervision and, in any event, that the level of supervision was not the proximate cause of the incident ( see Cranston v. Nyack Pub. Schools, 303 A.D.2d 441; Navarra v. Lynbrook Pub. Schools Lynbrook Union Free School Dist., 289 A.D.2d 211; Ancewicz v. Western Suffolk BOCES, 282 A.D.2d 632). The burden then shifted to the plaintiffs to produce evidentiary proof in admissible form sufficient to show the existence of a triable issue of fact. The plaintiffs failed to raise a triable issue of fact as to inadequate supervision and whether the level of supervision was a proximate cause of the alleged accident ( see Mirand v. City of New York, 84 N.Y.2d 44; Ceglia v. Portledge School, 187 A.D.2d 550). Therefore, the motion for summary judgment was properly granted.

SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.