Summer H. v. New York City Department of Education
New York Court of Appeals
Summer H. v. New York City Department of Education, 19 N.Y.3d 1030 (N.Y. 2012)
978 N.E.2d 593
Summer H. v. New York City Department of Education
Opinion of the Court
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs.
Viewing the evidence in a light most favorable to plaintiff (see e.g. Branham v Loews Orpheum Cinemas, Inc., 8 NY3d 931, 932 [2007]), defendant demonstrated its entitlement to summary judgment dismissing the complaint. The infant plaintiff’s classmate’s action in stepping backwards constituted a “thoughtless or careless act” not preventable by reasonable supervision (Mirand v City of New York, 84 NY2d 44, 49 [1994]).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.
Reference
- Full Case Name
- Summer H., an Infant, by Her Father and Natural Guardian, John H. v. New York City Department of Education
- Cited By
- 35 cases
- Status
- Published