Legal Opinion

Pedroza v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 2012Published

1Opinion of the Court

*405Defendants established entitlement to judgment as a matter of law, in this action where plaintiff’s son, a 10th-grade student, was injured after he lost his balance and fell while attempting to perform a martial-art maneuver during a physical education self-defense class at his school. His own testimony as to how the accident occurred demonstrates that no additional supervision could have prevented his injury (see Esponda v City of New York, 62 AD3d 458, 460 [2009]; McCollin v Roman Catholic Archdiocese of N.Y., 45 AD3d 478, 479 [2007]; compare Llauger v Archdiocese of N.Y., 82 AD3d 656…

2Cases cited6 opinions

  1. Mirand v. City of New YorkNew York Court of Appeals · 1994
  2. Capotosto v. Roman Catholic Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2003
  3. Scarito v. St. Joseph Hill AcademyAppellate Division of the Supreme Court of the State of New York · 2009
  4. Esponda v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  5. McCollin v. Roman Catholic ArchdioceseAppellate Division of the Supreme Court of the State of New York · 2007

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