Homer v. Board of Education

Order unanimously affirmed without costs.. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment. Defendant Board of Education owed the infant plaintiff the duty to supervise his activities with the same degree of care as would a reasonably prudent parent under the circumstances (see, Lawes v Board of Educ., 16 NY2d 302, 305; Merkley v Palmyra-Macedon Cent. School Dist., 130 AD2d 937, 938; Ehlinger v Board of Educ., 96 AD2d 708). In this case, there is a material issue of fact whether the infant plaintiff’s teacher provided his students any supervision or…