Legal Opinion
Illa v. St. Brigid's School
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1997PublishedCited by 3 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, Kings County (Rappaport, J.), dated March 25, 1997, 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.
The record establishes that the infant plaintiff was injured as the result of a spontaneous and unforeseeable act committed by a fellow student. The alleged inadequacy of the supervision furnished by the defendant’s employees cannot, under…
2Cases cited6 opinions
- Hauser v. North Rockland Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1990
- Danna v. Sewanhaka Central High School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
- Walsh v. City School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
- Ceglia v. Portledge SchoolAppellate Division of the Supreme Court of the State of New York · 1992
- Moores v. City of Newburgh School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by3 opinions
- Checchia v. Port Washington U.F.S.D.Appellate Division of the Supreme Court of the State of New York · 1998
- Pitner v. Brentwood Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- Organ v. Yorktown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2000