Legal Opinion

Hernandez v. Middle Country Central School District

Appellate Division of the Supreme Court of the State of New York

Decided April 12, 2011PublishedCited by 8 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, Suffolk County (Jones, Jr., J.), dated March 9, 2010, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A school has a duty to exercise the same degree of care toward its students as would a reasonably prudent parent (see Mirand v City of New York, 84 NY2d 44, 49 [1994]). A school, however, is not an insurer of its students’ safety and will be held liable only for foreseeable injuries proximately related to…

2Cases cited6 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Mirand v. City of New YorkNew York Court of Appeals · 1994
  3. Paca v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  4. Paragas v. Comsewogue Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
  5. Armellino v. ThomaseAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by8 opinions

  1. Rodriguez v. Riverhead Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
  2. Nancy Ann O. v. Poughkeepsie City School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
  3. Diana G. v. Our Lady Queen of Martyrs SchoolAppellate Division of the Supreme Court of the State of New York · 2012
  4. J.M. Ex Rel. D.M. v. North Babylon Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2016
  5. Diana G. v. Our Lady Queen of Martyrs SchoolAppellate Division of the Supreme Court of the State of New York · 2012

3 more not listed; retrieve them via the Exa API.

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