From Casetext: Smarter Legal Research

Sanzo v. Solvay Union Free School District

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 2002
299 A.D.2d 878 (N.Y. App. Div. 2002)

Summary

reversing denial of summary judgment

Summary of this case from Barmore v. Aidala

Opinion

CA 02-00310

November 15, 2002.

Appeal from an order of Supreme Court, Onondaga County (Murphy, J.), entered May 21, 2001, which denied the motion of defendant Solvay Union Free School District for summary judgment dismissing the amended complaint and cross claim against it.

HARRIS BEACH LLP, ITHACA (EDWARD C. HOOKS OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. KAWA, SYRACUSE, FOR PLAINTIFFS-RESPONDENTS.

JOHN E. HEISLER, JR., LIVERPOOL, FOR DEFENDANT-RESPONDENT.

PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND BURNS, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the amended complaint and cross claim against defendant Solvay Union Free School District are dismissed.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by Michael R. Sanzo (plaintiff) when he was assaulted by defendant Darryl B. Rotolo, II, a fellow high school student, in the school cafeteria. Supreme Court erred in denying the motion of defendant Solvay Union Free School District (School District) for summary judgment dismissing the amended complaint and cross claim against it. The School District met its initial burden on the motion by establishing that it did not have "specific knowledge or notice of the dangerous conduct which caused the injury" ( Mirand v. City of New York, 84 N.Y.2d 44, 49), and neither plaintiff nor Rotolo raised an issue of fact ( see generally Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Although the principal of the high school was aware of verbal taunting between plaintiff and Rotolo, there was no proof that either student previously had engaged in violent or threatening behavior that "would or should have forewarned the School District" of the assault ( Hanley v. Hornbeck, 127 A.D.2d 905, 907; see Janukajtis v. Fallon, 284 A.D.2d 428, 430). In any event, even assuming, arguendo, that the School District had the requisite knowledge or notice, we conclude that the School District established that the assault occurred so suddenly that no amount of supervision would have prevented it. Thus, any purported negligence by the School District based on its alleged lack of supervision was not a proximate cause of plaintiff's injuries ( see Convey v. City of Rye School Dist., 271 A.D.2d 154, 160; Foster v. New Berlin Cent. School Dist., 246 A.D.2d 880, 881; see also Janukajtis, 284 A.D.2d at 430).


Summaries of

Sanzo v. Solvay Union Free School District

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 2002
299 A.D.2d 878 (N.Y. App. Div. 2002)

reversing denial of summary judgment

Summary of this case from Barmore v. Aidala

In Sanzo v. Solvay Union Free Sch. Dist., 750 N.Y.S.2d 252, 253 (4th Dep't. 2002), for example, plaintiff alleged a claim in negligent supervision arising from an assault by a fellow student in a high school cafeteria.

Summary of this case from Smith v. Half Hollow Hills Cent. School Dist
Case details for

Sanzo v. Solvay Union Free School District

Case Details

Full title:MICHAEL R. SANZO AND SHERRIE A. SANZO, PLAINTIFFS-RESPONDENTS, v. SOLVAY…

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

Date published: Nov 15, 2002

Citations

299 A.D.2d 878 (N.Y. App. Div. 2002)
750 N.Y.S.2d 252

Citing Cases

Smith v. Half Hollow Hills Cent. School Dist

Where an assault occurs so suddenly that it could not have been prevented by any amount of supervision,…

Emmanuel B. v. City of N.Y.

principal's office and reported that some unidentified boys were “picking on her son,” when viewed in the…