| Conte v Minnesauke Elementary School |
| 2008 NY Slip Op 08696 [56 AD3d 511] |
| November 12, 2008 |
| Appellate Division, Second Department |
| Brian Conte et al., Appellants, v Minnesauke ElementarySchool et al., Respondents. |
—[*1] DeVitt Spellman Barrett, LLP, Smithtown, N.Y. (Diane K. Farrell of counsel), forrespondents.
In an action, inter alia, to recover damages for negligent supervision, the plaintiffs appealfrom a judgment of the Supreme Court, Suffolk County (R. Doyle, J.), entered July 31, 2007,which, upon an order of the same court entered May 30, 2007, granting the defendants' motionfor summary judgment dismissing the complaint, is in favor of the defendants and against them,dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
While attending an after-school program sponsored by the defendants, thethen-five-year-old-infant plaintiff allegedly was injured when he jumped off a slide in the schoolplayground. The plaintiffs commenced this action, and the defendants moved for summaryjudgment dismissing the complaint.
The defendants established their prima facie entitlement to judgment as a matter of law bypresenting evidence that there was adequate playground supervision, and that the level ofsupervision was not the proximate cause of the accident (see Davidson v Sachem Cent.School Dist., 300 AD2d 276 [2002]). The evidence the plaintiffs submitted in opposition tothe defendants' motion for summary judgment including, inter alia, their expert's affidavit, failedto raise a triable issue of fact (see Swanv Town of Brookhaven, 32 AD3d 1012, 1013-1014 [2006]). Accordingly, the SupremeCourt [*2]properly granted the defendants' motion for summaryjudgment dismissing the complaint.
The plaintiffs' remaining contentions are without merit. Mastro, J.P., Rivera, Covello andLeventhal, JJ., concur.