| Hernandez v Middle Country Cent. School Dist. |
| 2011 NY Slip Op 03030 [83 AD3d 781] |
| April 12, 2011 |
| Appellate Division, Second Department |
| Jose Hernandez, an Infant by and Through his Mother and NaturalGuardian, Laura Hernandez, et al., Respondents, v Middle Country Central SchoolDistrict, Appellant. |
—[*1] O'Rourke & Hansen, PLLC, Hauppauge, N.Y. (James J. O'Rourke of counsel), forrespondents.
In an action to recover damages for personal injuries, etc., the defendant appeals from anorder of the Supreme Court, Suffolk County (Jones, Jr., J.), dated March 9, 2010, which deniedits motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A school has a duty to exercise the same degree of care toward its students as would areasonably prudent parent (see Mirand v City of New York, 84 NY2d 44, 49 [1994]). Aschool, however, is not an insurer of its students' safety and will be held liable only forforeseeable injuries proximately related to the absence of adequate supervision (see Paragas v Comsewogue Union FreeSchool Dist., 65 AD3d 1111 [2009]; Paca v City of New York, 51 AD3d 991, 992 [2008]). Here, thedefendant failed to submit evidence sufficient to establish, prima facie, that it properly supervisedthe infant plaintiff or that its alleged negligent supervision of the infant plaintiff was not aproximate cause of his injuries (seegenerally Armellino v Thomase, 72 AD3d 849 [2010]; Rivera v Board of Educ. of City ofYonkers, 19 AD3d 394 [2005]). Accordingly, the Supreme Court properly denied thedefendant's motion for summary judgment dismissing the complaint, regardless of the sufficiencyof the plaintiffs' opposition papers (see Zuckerman v City of New York, 49 NY2d 557[1980]). Mastro, J.P., Dillon, Balkin and Miller, JJ., concur. [Prior Case History: 2010 NYSlip Op 30508(U).]