DAVID v. COUNTY OF SUFFOLK


1 N.Y.3d 525 (2003)

807 N.E.2d 278

775 N.Y.S.2d 229

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

Court of Appeals of the State of New York.

Decided November 20, 2003.


Attorney(s) appearing for the Case

Silberstein, Awad & Miklos, P.C., Garden City (Joseph P. Awad and Paul N. Nadler of counsel), for appellants.

Ahmuty, Demers & McManus, Alberston (Brendan T. Fitzpatrick of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with Supreme Court and the Appellate Division that defendant Smithtown Central School District demonstrated its entitlement to summary judgment dismissing plaintiffs' negligent supervision claim. The infant plaintiff was injured in her second-grade gym class while participating in a cargo net climbing exercise. Although we have recognized...

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