M v. v. City of New York

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered June 23, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was proper in this action where the infant plaintiff was injured when, while he was participating in a game of tag, a fellow classmate “accidentally bumped” into him, causing him to crash into the wall of the gymnasium. Plaintiff’s own testimony as to how the accident occurred demonstrates that no additional supervision could have prevented his injury (see Jorge C. v City of…