Opinion

Perez v. Board of Education

  • 291 A.D.2d 269
  • 737 N.Y.S.2d 599
  • 2002 N.Y. App. Div. LEXIS 1598
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Feb 14, 2002
Status
Published
Cited by
1 cases
Authority
More cited than 48.2%

The opinion

—Order,. Supreme Court, Bronx *270 County (Stanley Green, J.), entered September 27, 2001, which, insofar as appealed from, granted defendant-respondent’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The infant plaintiff, a second grader, was standing near the cubbies in his classroom where students stored their personal belongings and supplies when he was accidentally poked in the eye with a sharpened pencil by another student as she attempted to detach a removable eraser from the pencil. The action was properly dismissed for plaintiff’s failure to rebut defendant school board’s prima facie showing that no accidents like this had ever happened before (see, Ohman v Board of Educ., 300 NY 306, 310 ). To hold defendant responsible for this accident would be to require it to continuously supervise virtually all of the movements and activities of its students, making it, in effect, an insurer of its students’ safety (id. at 309; see, Mirand v City of New York, 84 NY2d 44, 49 ; cf., e.g., Malik v Greater Johnstown Enlarged School Dist., 248 AD2d 774 ; Ascher v Scarsdale School Dist., 267 AD2d 339 ). Concur— Nardelli, J.P., Tom, Andrias, Rubin and Buckley, JJ.

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.

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