Martinez v. City of New York

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered December 21, 2009, which, in an action for personal injuries allegedly sustained when infant plaintiff was pushed down the stairs by a classmate during a fire drill, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was warranted since the record establishes that infant plaintiff’s injuries were proximately caused by the sudden and spontaneous act of another student (see Mirand v City of New York, 84 NY2d 44, 49 [1994]). The teacher here,…