Legal Opinion

Ortiz v. Creative Day Camp, Inc.

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

Decided June 10, 2002Published

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Belen, J.), dated April 23, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order and judgment is affirmed, without costs or disbursements.

The defendant made a prima facie showing of its entitlement to judgment as a matter of law by offering sufficient evidence that its employees used reasonable care in protecting the infant plaintiff (see Alvarez v Prospect Hosp., 68 NY2d 320,…

2Cases cited6 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Morgan v. StateNew York Court of Appeals · 1997
  3. Mirand v. City of New YorkNew York Court of Appeals · 1994
  4. Convey v. City of Rye School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  5. Paul v. Roman Catholic Church of Holy InnocentsAppellate Division of the Supreme Court of the State of New York · 1996

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