Kristina D. v. Nesaquake Middle School

In an action to recover damages for personal injuries, etc., the defendants Smithtown Central School District and Alyssa Papesca appeal from an order of the Supreme Court, Suffolk County (Whelan, J.), dated October 20, 2011, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Smithtown Central School District and Alyssa Papesca for summary judgment dismissing the complaint insofar as asserted against them is granted.

The infant plaintiff, an…