Bird v. Port Byron Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages for injuries sustained by her daughter when she was pushed by a fellow seventh-grade student. Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. Defendant met its initial burden of establishing that it lacked “sufficiently specific knowledge or notice of the dangerous conduct which caused injury” (Mirand v City of New York, 84 NY2d 44, 49, see, Janukajtis v Fallon, 284 AD2d 428). In opposition to the motion, plaintiff submitted proof that…
2Cases cited6 opinions
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Lawes v. Board of EducationNew York Court of Appeals · 1965
- Janukajtis v. FallonAppellate Division of the Supreme Court of the State of New York · 2001
- Malik v. Greater Johnstown Enlarged School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- Hernandez v. Christopher Robin AcademyAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by2 opinions
- Simpson v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 2006
- Hernandez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005