Rodriguez v. Riverhead Central School District
Cases that cite this one
12 later published cases cite this decision.
- Nancy Ann O. v. Poughkeepsie City School District (Appellate Division of the Supreme Court of New York 2012)
- Talyanna S. v. Mount Vernon City School District (Appellate Division of the Supreme Court of New York 2012)
- Talyanna S. v. Mount Vernon City School District (Appellate Division of the Supreme Court of New York 2012)
- K. L. v. City of New York (Appellate Division of the Supreme Court of New York 2023)
- Cruz-Martinez v. Brentwood Union Free School District (Appellate Division of the Supreme Court of New York 2017)
- J.M. Ex Rel. D.M. v. North Babylon Union Free School District (Appellate Division of the Supreme Court of New York 2016)
- Maneri Ex Rel. Maneri v. Patchogue-Medford Union Free School District (Appellate Division of the Supreme Court of New York 2014)
- Godoy v. Central Islip Union Free School District (Appellate Division of the Supreme Court of New York 2014)
- Godoy v. Central Islip Union Free School District (Appellate Division of the Supreme Court of New York 2014)
- Diana G. v. Our Lady Queen of Martyrs School (Appellate Division of the Supreme Court of New York 2012)
- Diana G. v. Our Lady Queen of Martyrs School (Appellate Division of the Supreme Court of New York 2012)
- Diana G. v. Our Lady Queen of Martyrs School (Appellate Division of the Supreme Court of New York 2012)
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., the defendant appeals from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated July 21, 2010, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
On June 3, 2008, the infant plaintiff, then a fourth-grade student at Aquebogue Elementary School, allegedly was injured in the school’s cafeteria during regular school hours while rehearsing a break dancing routine for an upcoming school concert. The infant plaintiff, by his mother, and his mother, individually, commenced this action against the defendant to recover, among other things, damages for personal injuries allegedly sustained by the infant plaintiff. The defendant moved for summary judgment dismissing the complaint, asserting that it had adequately supervised the infant plaintiff at the time of the incident and, in any event, that any negligence on its part was not a proximate cause of his injuries. The Supreme Court denied the motion, and we affirm.
A school has a duty to exercise the same degree of care toward its students as would a reasonably prudent parent (see Mirand v City of New York, 84 NY2d 44, 49 [1994]; Hernandez v Middle Country Cent. School Dist., 83 AD3d 781 [2011]). A school, however, is not an insurer of its students’ safety and will be held liable only for foreseeable injuries proximately related to the absence of adequate supervision (see Paragas v Comsewogue Union Free School Dist., 65 AD3d 1111 [2009]; Paca v City of New York, 51 AD3d 991, 992 [2008]). Here, the defendant failed to submit evidence sufficient to establish, prima facie, that it properly supervised the infant plaintiff or that its alleged negligent supervision was not a proximate cause of his injuries (see Hernandez v Middle Country Cent. School Dist., 83 AD3d at 781; Doxtader v Middle Country Cent. School Dist. at Centereach, 81 AD3d 685, 686 [2011]; Bloomfield v Jericho Union Free
Case-law data current through December 31, 2025. Source: CourtListener bulk data.