Legal Opinion

David v. County of Suffolk

New York Court of Appeals

Decided November 20, 2003PublishedCited by 52 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with Supreme Court and the Appellate Division that defendant Smithtown Central School District demonstrated its entitlement to summary judgment dismissing plaintiffs’ negligent supervision claim. The infant plaintiff was injured in her second-grade gym class while participating in a cargo net climbing exercise. Although we have recognized that “[s]chools are not insurers of safety,” they are obligated to exercise such care of their students “as a parent of ordinary prudence would observe…

2Cases cited3 opinions

  1. Mirand v. City of New YorkNew York Court of Appeals · 1994
  2. Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
  3. Lawes v. Board of EducationNew York Court of Appeals · 1965

3Cited by52 opinions

  1. Troiani v. White Plains City School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
  2. Doe v. RohanAppellate Division of the Supreme Court of the State of New York · 2005
  3. Swan v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2006
  4. Doe v. Orange-Ulster Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2004
  5. Sacino v. Warwick Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2016

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