# Benedict v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · September 28, 2001 · 286 A.D.2d 971

URL: https://www.frixlaw.com/law-library/cases/6078182

## Case

- **Full name:** Mary A. Benedict, Individually and as Parents of Thomas Benedict, an Infant v. Board of Education of Dansville Central School District, and Third-Party Kathleen Grouse, Third-Party Defendant-Respondent
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 28, 2001
- **Citations:** 286 A.D.2d 971; 730 N.Y.S.2d 765; 2001 N.Y. App. Div. LEXIS 8976
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6078182

## Opinion text

—Judgment unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover for personal injuries sustained by *972 their four-year-old son (Thomas) when he fell from gymnasium bleachers owned and maintained by defendant. Defendant interposed a third-party complaint against Thomas’s aunt, alleging that she was negligent in supervising Thomas at the time of the accident. Supreme Court properly granted the motion of third-party defendant for summary judgment dismissing the third-party complaint. Third-party defendant demonstrated her entitlement to judgment as a matter of law by establishing that she did not expressly or implicitly assume a duty to supervise Thomas (see, Hanley v East Moriches Union Free School Dist. II, 275 AD2d 389, 390 , lv denied 95 NY2d 769 ; Pitkewicz v Boy Scouts, 231 AD2d 561, 561-562 ; Pitkewicz v Kane, 227 AD2d 113, 114 ), and defendant-third-party plaintiff failed to raise a triable question of fact on that issue (see, Hanley v East Moriches Union Free School Dist. II, supra, at 390; Reed v Pawling Cent. School Dist., 245 AD2d 281 , lv denied 91 NY2d 809 ). (Appeal from Judgment of Supreme Court, Livingston County, Cicoria, J. — Summary Judgment.) Present— Green, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6078182. Public record. Not legal advice.