Nelson v. Sachem Central School District
Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated November 7, 1996, which granted the motion of the defendant Sachem Central School District for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Sachem Central School District.
While schools are under a duty to adequately supervise the students in their care, they are not insurers of the students’ safety (see, Mirand v City of New York, 84 NY2d 44, 49; Gattyan v Scarsdale Union Free School Dist. No. 1, 152 AD2d 650). In order to establish a breach of the duty to provide adequate supervision, a plaintiff must establish that school authorities “had sufficiently specific knowledge or notice of the dangerous conduct which caused injury; that is, that the third-party acts could reasonably have been anticipated” (Mirand v City of New York, supra, at 49; see also, Moores v City of Newburgh School Dist., 213 AD2d 527). The plaintiff must also establish that the alleged breach of the duty to adequately supervise was a proximate cause of the injuries sustained (see, Mirand v City of New York, supra, at 50; Schlecker v Connetquot Cent. School Dist., 150 AD2d 548).
The plaintiffs concede that there is no evidence which should have caused the Sachem Central School District (hereinafter
Case-law data current through December 31, 2025. Source: CourtListener bulk data.