Opinion
2002-10754.
December 1, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Hillery, J.), dated October 31, 2002, which granted the motion of the defendants Rhinebeck Central School District and Board of Education of Rhinebeck Central School District for summary judgment dismissing the complaint insofar as asserted against them, and the separate motion of the defendant Board of Cooperative Educational Services of Dutchess County for summary judgment dismissing the complaint insofar as asserted against it.
Scarzafava Basdekis, Oneonta, N.Y. (Theodoros Basdekis and John Scarzafava of counsel), for appellants.
LaRose LaRose, Poughkeepsie, N.Y. (Keith V. LaRose of counsel), for respondents Rhinebeck Central School District and Board of Education of Rhinebeck Central School District.
Maynard, O'Connor, Smith Catalinotto, LLP, Albany, N.Y. (Michael T. Snyder of counsel), for respondent Board of Cooperative Educational Services of Dutchess County.
Before: SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The separate motions for summary judgment dismissing the complaint insofar as asserted against each of the defendants were properly granted. It was not reasonably foreseeable that the actions complained of by the plaintiffs, i.e, allowing the then 17-year-old infant plaintiff to leave the defendants' premises in the automobile of a fellow student who possessed a driver's license, would have resulted in his being injured in an automobile collision ( see Di Ponzio v. Riordan, 89 N.Y.2d 578, 583-584; Hanley v. East Moriches Union Free School Dist. II, 275 A.D.2d 389; Hurlburt v. Noxon, 149 Misc.2d 374; Palella v. Ulmer, 136 Misc.2d 34).
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.