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DAVID v. COUNTY OF SUFFOLK

295 A.D.2d 556 (2002)

744 N.Y.S.2d 863

NICOLE DAVID et al., Appellants, v. COUNTY OF SUFFOLK, Defendants, and SMITHTOWN CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided June 24, 2002.

Ordered that the order is affirmed, with costs.

A school is not an insurer of the safety of its students (see Mirand v City of New York, 84 N.Y.2d 44, 49). Rather, a school is obligated to exercise such care over students in its charge that a parent of ordinary prudence would exercise under comparable circumstances (id.).

The defendant Smithtown Central School District demonstrated its prima facie entitlement...

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