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GARRY v. ROCKVILLE CENTRE UNION FREE SCHOOL

Appellate Division of the Supreme Court of New York, Second Department.
May 15, 2000
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint since the complained-of condition which allegedly contributed to the infant plaintiff's injuries did not constitute a defect or an inherently dangerous condition (see, Jackson v. Supermarkets Gen. Corp., 214 A.D.2d 650; Brown v. Weinreb, 183 A.D.2d 562; Coletti v. Chem. Bank, 258 A.D.2d 431; Reuscher v. Pergament Home Ctrs., 247 A.D.2d 603; Reynolds v. Reynolds, 245 A.D.2d 498). Assuming that a defect existed, it was not the proximate cause of the infant plaintiff's accident (see, Derdiarian v. Felix Constr. Corp., 51 N.Y.2d 308; Gleason v. Reynolds Leasing Corp., 227 A.D.2d 375).

There is no merit to the contention that the injury was a result of inadequate supervision by the defendant's employee (see, Mirand v. City of New York, 84 N.Y.2d 44; Foster v. New Berlin Cent. School Dist., 246 A.D.2d 880; Walsh v. City School Dist. of Albany, 237 A.D.2d 811).

RITTER, J.P., SULLIVAN, ALTMAN and FEUERSTEIN, JJ., concur.