AIELLO v. SMITHTOWN CENTRAL SCHOOL DISTRICT


305 A.D.2d 435 (2003)

758 N.Y.S.2d 815

JESSICA L. AIELLO et al., Respondents, v. SMITHTOWN CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided May 12, 2003.


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

The infant plaintiff sustained injuries when, in the course of playing soccer during recess, she was struck in the eye with a ball that ricocheted off another student player.

Contrary to the plaintiffs' contention, the alleged inadequate supervision by the defendant's employee was not a proximate cause of the infant plaintiff's injuries. Rather...

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