Legal Opinion

Diaz v. City of Yonkers

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

Decided February 13, 2013PublishedCited by 6 opinions

1Opinion of the Court

*683In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Tolbert, J), dated August 12, 2011, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A school has a duty to exercise the same degree of care toward its students as would a reasonably prudent parent (see Mirand v City of New York, 84 NY2d 44, 49 [1994]). A school, however, is not an insurer of its students’ safety, and will be held liable only for foreseeable injuries proximately…

2Cases cited9 opinions

  1. Mirand v. City of New YorkNew York Court of Appeals · 1994
  2. Convey v. City of Rye School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  3. Janukajtis v. FallonAppellate Division of the Supreme Court of the State of New York · 2001
  4. Siegell v. Herricks Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
  5. Paca v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by6 opinions

  1. Simonides Ex Rel. Simonides v. Eastchester Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2016
  2. Colantonio v. Mount Sinai Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Aminov v. Samuel Field YM & YWHA, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Hurley v. Brewster Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2018
  5. Jackson v. Brentwood Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2019

1 more not listed; retrieve them via the Exa API.

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