AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JUDYANN CIMAFONTE, ETC., ET AL., APPELLANTS, v. LEVITTOWN BOARD OF EDUCATION, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The infant plaintiff Danielle Cimafonte sustained injuries when a fellow student fell from a piece of playground equipment and landed on top of her, fracturing her leg. The plaintiffs allege, inter alia, that the school negligently supervised the children in the playground. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint and denied the plaintiffs' cross motion for summary judgment on the issue of liability. We affirm.

The defendants established that the sudden and unforeseen act which caused the infant plaintiff's injuries could not have been prevented by any reasonable degree of supervision by them. In response, the plaintiffs failed to put forward any evidence raising a question of fact. Under the circumstances, the Supreme Court properly granted summary judgment to the defendants (see Lawes v. Board of Educ. of City of N.Y., 16 N.Y.2d 302, 306; Janukajtis v. Fallon, 284 A.D.2d 428; Convey v. City of Rye School Dist., 271 A.D.2d 154).

The plaintiffs' remaining contentions are without merit.

PRUDENTI, P.J., ALTMAN, FRIEDMANN and RIVERA, JJ., concur.

Use AI to get other relevant cases.

Comments

CIMAFONTE v. LEVITTOWN BOARD OF ED
(Nov 18, 2002)