Gonzales v. Munchkinland Child Care, LLC
Opinion of the Court
“As a general matter, ‘[s]chools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision’ ” (Nash v Port Wash. Union Free School Dist., 83 AD3d 136, 146 [2011], quoting Mirand v City of New York, 84 NY2d 44, 49 [1994]; see Tanenbaum v Minnesauke Elementary School, 73 AD3d 743, 744 [2010]; Hansen v Bath & Tennis Mar. Corp., 73 AD3d 699, 700 [2010]; Armellino v Thomase, 72 AD3d 849, 849 [2010]). “ ‘The defendants, as providers of day care services, owed the plaintiff[s] the same duty of care and supervision owed by a reasonably prudent parent under the circumstances’ ” (Douglas v John Hus Moravian Church of Brooklyn, Inc., 8 AD3d 327, 328 [2004], quoting Colarusso v Dunne, 286 AD2d 37, 40 [2001]). To recover damages pursuant to a cause of action based on negligent supervision, a plaintiff must establish that the defendant’s supervision was inadequate, and that the negligent supervision was a proximate cause of the injured plaintiffs injuries (see e.g. Bloomfield v Jericho Union Free School Dist., 80 AD3d 637, 639 [2011]). “ ‘[T]o establish a breach of the duty to provide adequate supervision in a case involving injuries caused by the acts of fellow students, a
Here, the evidence tendered by the plaintiffs in support of that branch of their motion which was for summary judgment on the issue of liability failed to establish their prima facie entitlement to judgment as a matter of law. Since the plaintiffs failed to meet their prima facie burden, the Supreme Court erred in granting this branch of the plaintiffs’ motion, regardless of the sufficiency of the defendants’ opposition papers (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]).
We decline to address the defendants’ remaining contention because it was improperly raised for the first time on appeal (see Bay Crest Assn., Inc. v Paar, 72 AD3d 713, 714 [2010]; see also Sarva v Chakravorty, 34 AD3d 438, 439 [2006]; Orellano v Samples Tire Equip. & Supply Corp., 110 AD2d 757, 758 [1985]). Dillon, J.E, Dickerson, Chambers and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.