Appellate Division of the Supreme Court of New York, 2002

Brown v. New York City Housing Authority

Brown v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided January 10, 2002
290 A.D.2d 262; 735 N.Y.S.2d 766; 2002 N.Y. App. Div. LEXIS 128
Brown v. New York City Housing Authority

Opinion of the Court

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered October 18, 2000, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant made a prima facie showing that it provided ade*263quate supervision of the infant plaintiff and, based upon the infant’s own testimony, it is uncontradicted that the accident was due to the unanticipated intervention of another camper who suddenly tripped the infant plaintiff in the course of play (see, Mirand v City of New York, 84 NY2d 44, 49-50). Concur— Mazzarelli, J.P., Rosenberger, Ellerin, Wallach and Marlow, JJ.

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