Merson v. Syosset Central School District
Cases that cite this one
24 later published cases cite this decision.
- A.C. v. Brentwood Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2021)
- Zelkowitz v. Country Group, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Miller v. Kings Park Central School District (Appellate Division of the Supreme Court of New York 2008)
- Genova v. Town of Clarkstown (Appellate Division of the Supreme Court of New York 2021)
- Boland v. North Bellmore Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2018)
- Scavelli v. Town of Carmel (Appellate Division of the Supreme Court of New York 2015)
- Scavelli v. Town of Carmel (Appellate Division of the Supreme Court of New York 2015)
- Charles v. City of Yonkers (Appellate Division of the Supreme Court of New York 2013)
- Charles v. City of Yonkers (Appellate Division of the Supreme Court of New York 2013)
- Tavares v. City of New York (Appellate Division of the Supreme Court of New York 2011)
- Brown v. City of New York (Appellate Division of the Supreme Court of New York 2010)
- Troiani v. White Plains City School District (Appellate Division of the Supreme Court of New York 2009)
- Peuplie v. Longwood Central School District (Appellate Division of the Supreme Court of New York 2008)
- Bergin v. Town of Oyster Bay (Appellate Division of the Supreme Court of New York 2008)
- Kosicki v. Spring Garden Ass'n (Appellate Division of the Supreme Court of New York 2007)
- Swan v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 2006)
- Sobti v. Lindenhurst School District (Appellate Division of the Supreme Court of New York 2006)
- Capotosto v. Roman Catholic Diocese of Rockville Centre (Appellate Division of the Supreme Court of New York 2003)
- Banks v. Freeport Union Free School District (Appellate Division of the Supreme Court of New York 2003)
- Orelli v. Showbiz Pizza Time, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Washington v. City of Yonkers (Appellate Division of the Supreme Court of New York 2002)
- Spruill v. City of Yonkers (Appellate Division of the Supreme Court of New York 2002)
- Davidson v. Sachem Central School District (Appellate Division of the Supreme Court of New York 2002)
- Lopez v. Freeport Union Free School District (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for personal injuries, etc.,
Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Syosset Central School District which was for summary judgment dismissing the complaint insofar as asserted against it, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable by the defendant Syosset Central School District to the defendant Kompan Northeast, Inc.
The infant plaintiff, a seven-year-old second-grade student in the defendant Syosset Central School District (hereinafter the School District), allegedly was injured in a playground accident at school. While crossing the chain-walk section of a piece of playground equipment, her foot became caught in one of four low-lying chains which were strung parallel between two platforms, causing her to fall. The plaintiffs commenced this action against the School District and the defendant Kompan Northeast, Inc. (hereinafter Kompan). Kompan’s predecessor had manufactured and installed the equipment.
The plaintiffs contend that the Supreme Court erred in granting the School District summary judgment dismissing the complaint insofar as asserted against it. We agree. A school district owes a duty to its students to exercise the same degree of care as would a parent of ordinary prudence under similar circumstances (see, Lawes v Board of Educ., 16 NY2d 302; Merkley v Palmyra-Macedon Cent. School Dist., 130 AD2d 937). In opposition to the School District’s prima facie showing of entitlement to judgment as a matter of law, the plaintiffs raised a triable issue of fact as to whether it breached its duty by failing to instruct second-grade students on the safe use of the playground equipment and warn them about the potential dangers of attempting to cross over the low-lying chains (see, Hubbard v East Meadow Union Free School Dist., 277 AD2d 353; Baker v Briarcliff School Dist., 205 AD2d 652; Moschella v Archdiocese of N. Y., 48 AD2d 856).
However, the Supreme Court properly granted Kompan summary judgment dismissing the complaint insofar as asserted against it. Kompan established its entitlement to judgment as
Case-law data current through December 31, 2025. Source: CourtListener bulk data.