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Garry v. Rockville Centre Union Free School

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2000
272 A.D.2d 437 (N.Y. App. Div. 2000)

Opinion

Submitted April 4, 2000.

May 15, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Winick, J.), entered August 16, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.

Levine Gilbert, New York, N.Y. (Harvey A. Levine and Richard A. Gilbert of counsel), for appellants.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Christine Gasser of counsel), for respondent.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint since the complained-of condition which allegedly contributed to the infant plaintiff's injuries did not constitute a defect or an inherently dangerous condition (see, Jackson v. Supermarkets Gen. Corp., 214 A.D.2d 650; Brown v. Weinreb, 183 A.D.2d 562; Coletti v. Chem. Bank, 258 A.D.2d 431; Reuscher v. Pergament Home Ctrs., 247 A.D.2d 603; Reynolds v. Reynolds, 245 A.D.2d 498). Assuming that a defect existed, it was not the proximate cause of the infant plaintiff's accident (see, Derdiarian v. Felix Constr. Corp., 51 N.Y.2d 308; Gleason v. Reynolds Leasing Corp., 227 A.D.2d 375).

There is no merit to the contention that the injury was a result of inadequate supervision by the defendant's employee (see, Mirand v. City of New York, 84 N.Y.2d 44; Foster v. New Berlin Cent. School Dist., 246 A.D.2d 880; Walsh v. City School Dist. of Albany, 237 A.D.2d 811).

RITTER, J.P., SULLIVAN, ALTMAN and FEUERSTEIN, JJ., concur.


Summaries of

Garry v. Rockville Centre Union Free School

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2000
272 A.D.2d 437 (N.Y. App. Div. 2000)
Case details for

Garry v. Rockville Centre Union Free School

Case Details

Full title:MICHAEL GARRY, etc., et al., appellants, v. ROCKVILLE CENTRE UNION FREE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 2000

Citations

272 A.D.2d 437 (N.Y. App. Div. 2000)
708 N.Y.S.2d 311

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