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COLE v. BAY SHORE UNION FREE SCHOOL DISTRICT

2 A.D.3d 561 (2003)

768 N.Y.S.2d 372

TAHJ COLE et al., Appellants, v. BAY SHORE UNION FREE SCHOOL DISTRICT, Respondent, et al., Defendant.

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

December 15, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Bay Shore Union Free School District (hereinafter the School District) established its prima facie entitlement to judgment as a matter of law by establishing that its supervision of the infant plaintiff was not a proximate cause of the accident (see Lopez v Freeport Union Free School Dist., 288 A.D.2d 355 [2001]; see also Weinblatt v...

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