Brian O. v. Riverhead Central School District
Cases that cite this one
3 later published cases cite this decision.
- Tzimopoulos Ex Rel. Tzimopoulos v. Plainview-Old Bethpage Central School District (Appellate Division of the Supreme Court of New York 2017)
- Diaz v. City of Yonkers (Appellate Division of the Supreme Court of New York 2013)
- Diaz v. City of Yonkers (Appellate Division of the Supreme Court of New York 2013)
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
Ordered that the order is affirmed, with costs.
The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the sudden and spontaneous collision between the infant plaintiff and a fellow student while playing softball in a physical education class could not have been prevented by the most intense supervision (see Paragas v Comsewogue Union Free School Dist., 65 AD3d 1111 [2009]; Scarito v St. Joseph Hill Academy, 62 AD3d 773, 775 [2009]; Ronan v School Dist. of City of New Rochelle, 35 AD3d 429, 430 [2006]). In opposition, the plaintiff failed to raise a triable issue of fact (see Lizardo v Board of Educ. of the City of N.Y., 77 AD3d 437 [2010]). Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Dillon, J.E, Eng, Belen and Sgroi, JJ, concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.