Opinion

Quinones v. Board of Education

  • 248 A.D.2d 696
  • 670 N.Y.S.2d 333
  • 1998 N.Y. App. Div. LEXIS 3436
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 30, 1998
Status
Published
On the bench
Joy, Luciano, Rosenblatt, Sullivan
Cited by
4 cases
Authority
More cited than 71.1%

The opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated March 3, 1997, which, inter alia, granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The 13-year-old plaintiff allegedly sustained injuries when he tripped and fell on a small rock on the ground of a park adjacent to a school in Staten Island.

The Supreme Court properly granted the defendant’s cross motion for summary judgment. The plaintiff failed to raise any triable issues of fact (see, CPLR 3212 [b]) with regard to his claim that his alleged injuries were proximately caused by the defendant’s negligence in maintaining the subject premises or in supervising the plaintiff. In addition, the cross motion was properly granted notwithstanding the fact that discovery had not yet been completed, since “there was only hope and speculation as to what additional discovery would uncover in the pres *697 ent situation” (Mazzaferro v Barterama Corp., 218 AD2d 643, 644 ).

Rosenblatt, J. P., Sullivan, Joy and Luciano, 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.