Legal Opinion
Macalino v. Elmont Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 2005PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Joseph, J.), dated December 9, 2004, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
“Schools are under a duty to adequately supervise the students in their charge and they will be held liable for the foreseeable injuries proximately related to the absence of adequate supervision” (Mirand v City of New York, 84 NY2d 44, 49…
2Cases cited8 opinions
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Lopez v. Freeport Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
- Davidson v. Sachem Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Gattyan v. Scarsdale Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1989
- Weinblatt v. Eastchester Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by2 opinions
- Swan v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2006
- Bari v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006