JACKSON v. NEWBURGH ENLARGED CITY SCH. DIST

Ordered that the order is reversed, with costs; the motion is denied, and the order dated December 8, 1997, is reinstated.

This action arises from the fall and resultant injury of a student in a junior high school, allegedly caused by another student. Regardless of the plaintiffs' reasons for failing to oppose the defendant's summary judgment motion, they have not provided evidence of a meritorious claim so as to require vacatur of the order dated December 8, 1997, pursuant to CPLR 5015 ( see, e.g., Peacock v. Kalikow, 239 A.D.2d 188, 190). There was no evidence put forth in any of the plaintiffs' submissions that the infant plaintiff was intentionally caused to fall by a certain student, nor was there evidence that the defendant had notice that this student's behavior posed a threat to the infant plaintiff or other students in the school ( see, Mirand v. City of New York, 84 N.Y.2d 44; see also, Lawes v. Board of Educ., 16 N.Y.2d 302).

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.