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COLLEEN GOLDSTEIN, ETC., ET AL., respondents, v. ANDREAS WELTER, ET AL., appellants.

DECISION ORDER

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

The infant plaintiff allegedly was injured while playing with other children on a trampoline in the defendants' backyard. Although the defendants were not the "insurer[s] of the children entrusted to [their] care, [they were] under a duty to adequately supervise such children, and [they] can be held liable for foreseeable injuries proximately related to the lack of adequate supervision" (Fernandez v. Stepping Stone Day School, 291 A.D.2d 530; 530-531; see Appell v. Mandel, 296 A.D.2d 514; Singh v. Persaud, 269 A.D.2d 381). The defendants did not demonstrate their prima facie entitlement to judgment as a matter of law, since there are questions of fact as to whether they adequately supervised the infant plaintiff and, if not, whether the inadequate supervision was a proximate cause of the infant plaintiff's injuries (see Fernandez v. Stepping Stone Day School, supra; Singh v. Persaud, supra). Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint.

RITTER, J.P., McGINITY, TOWNES and MASTRO, JJ., concur.

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GOLDSTEIN v. WELTER
(Mar 17, 2003)