Opinion

Rowe v. Board of Education

  • 12 A.D.3d 494
  • 783 N.Y.S.2d 860
  • 2004 N.Y. App. Div. LEXIS 13690
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Nov 15, 2004
Status
Published
Cited by
1 cases
Authority
More cited than 48.8%

The opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Levine, J), dated June 11, 2003, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A school’s duty to adequately supervise a student is coextensive with and concomitant to its physical custody of and control over the student (see Pratt v Robinson, 39 NY2d 554, 560 [1976]; Ramo v Serrano, 301 AD2d 640, 641 [2003]; see also Mirand v City of New York, 84 NY2d 44, 49-50 [1994]). The record established that the plaintiff was not under the physical control and custody of the defendants at the time of the subject incident. Accordingly, under the facts of this case, the Supreme Court properly granted summary judgment in favor of the defendants.

The plaintiff’s remaining contentions are without merit. Santucci, J.P., Schmidt, Cozier and Rivera, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.