Legal Opinion
Fotiadis v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 1 opinion
1Opinion of the Court
After his dismissal from middle school on April 16, 2004, the infant plaintiff disregarded his mother’s instructions to attend the after-school program run by the defendant Samuel Field YM and YWHA (hereinafter the Y) and went directly to a park, where he fell from a swing and fractured his right leg.
A school’s duty to adequately supervise a student is “coextensive” with its physical custody of and control over the student (Pratt v Robinson, 39 NY2d 554, 560 [1976]; see Chalen v Glen Cove School Dist., 29 AD3d 508, 509 [2006]; Ramo v Serrano, 301 AD2d 640 [2003]; Bowers v City of New York,…
2Cases cited5 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Pratt v. RobinsonNew York Court of Appeals · 1976
- Chalen v. Glen Cove School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
- Ramo v. SerranoAppellate Division of the Supreme Court of the State of New York · 2003
- Bowers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by1 opinion
- Pistolese v. William Floyd Union Free DistrictAppellate Division of the Supreme Court of the State of New York · 2010