David v. County of Suffolk

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Costello, J.), entered March 21, 2001, which granted the motion of defendant Smith-town Central School District for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

A school is not an insurer of the safety of its students (see Mirand v City of New York, 84 NY2d 44, 49). Rather, a school is obligated to exercise such care over students in its charge that a parent of ordinary prudence would…