Luis S. v. City of New York

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered July 1, 2014, which denied defendants’ motion seeking, inter alia, summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

In this action alleging negligent supervision in a gym class, defendants established prima facie entitlement to summary judgment dismissing the action against them. Plaintiffs failed to raise a triable issue of fact to refute defendants’ evidence that the infant…