HUNTER v. NEW YORK CITY DEPT. OF EDUC.

Nos. 6600, 6128/07.

95 A.D.3d 719 (2012)

945 N.Y.S.2d 76

2012 NY Slip Op 4089

SUMMER HUNTER, an Infant, by her Father and Natural Guardian, JOHN HUNTER, et al., Respondents, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 29, 2012.


The infant plaintiff, who was sitting on a rug in her second grade classroom, was injured when her classmate who was writing on a nearby chalkboard stepped back and fell on top of her. Defendant New York City Department of Education moved for summary judgment and the motion court denied the motion, finding issues of fact as to whether defendant created a hazardous condition and whether there was adequate supervision.

"Schools are under a duty to adequately supervise...

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