ILLA v. ST. BRIGID'S SCH.


245 A.D.2d 487 (1997)

666 N.Y.S.2d 32

Roberto Illa, Individually and as Father and Natural Guardian of Ruben Illa, an Infant, Respondent, v. St. Brigid's School, Appellant

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

December 22, 1997


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The record establishes that the infant plaintiff was injured as the result of a spontaneous and unforeseeable act committed by a fellow student. The alleged inadequacy of the supervision furnished by the defendant's employees cannot, under these and all the other circumstances presented, be considered a cause of the injuries suffered by the infant plaintiff...

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