HOMER v. BD. OF EDUC. OF THE TOWN OF LAFAYETTE, LAFAYETTE CENT. SCH.


177 A.D.2d 965 (1991)

Patricia Homer, Individually and as Parent and Natural Guardian of Travis Homer, an Infant, Respondent, v. Board of Education of the Town of Lafayette, Lafayette Central Schools, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1991


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment. Defendant Board of Education owed the infant plaintiff the duty to supervise his activities with the same degree of care as would a reasonably prudent parent under the circumstances (see, Lawes v Board of Educ., 16 N.Y.2d 302, 305; Merkley v Palmyra-Macedon Cent. School Dist.,...

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