Benedict v. Board of Education

—Judgment unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover for personal injuries sustained by *972their four-year-old son (Thomas) when he fell from gymnasium bleachers owned and maintained by defendant. Defendant interposed a third-party complaint against Thomas’s aunt, alleging that she was negligent in supervising Thomas at the time of the accident. Supreme Court properly granted the motion of third-party defendant for summary judgment dismissing the third-party complaint. Third-party defendant demonstrated her entitlement to judgment as a matter of law…