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GOLDSTEIN v. WELTER

Appellate Division of the Supreme Court of New York, Second Department.
Mar 17, 2003
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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.