SANGINETO v. MAMARONECK UNION FREE SCHOOL

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff sustained injuries, including a broken nose, when, in the course of playing touch football with a frisbee as part of a physical education class at Mamaroneck High School, another player collided with him.

Contrary to the plaintiff's contention, the alleged inadequate supervision by the defendant's employee was not a proximate cause of the plaintiff's injuries. Rather, the injuries were the result of a spontaneous and unforeseeable act committed by a fellow high school student when the two collided in an attempt to catch the frisbee (see, Organ v. Yorktown Cent.

School Dist., 269 A.D.2d 374; Buckvar v. Syosset Cent. School Dist., 148 A.D.2d 409).

BRACKEN, P.J., S. MILLER, McGINITY and SCHMIDT, JJ., concur.