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MACALINO v. ELMONT UNION FREE SCHOOL DISTRICT

18 A.D.3d 625 (2005)

795 N.Y.S.2d 656

MARTIN MACALINO et al., Respondents, v. ELMONT UNION FREE SCHOOL DISTRICT, Appellant.

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

May 16, 2005.

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

"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for the foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 N.Y.2d 44, 49 [1994]; see Mitsel v New York City Bd. of Educ.,

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