WHITE, JR. v. MOUNT SAINT MICHAEL HIGH SCHOOL


41 A.D.3d 220 (2007)

837 N.Y.S.2d 873

CHRISTOPHER WHITE, JR., an Infant, by His Mother and Natural Guardian, DANETTE WHITE, Respondent, v. MOUNT SAINT MICHAEL HIGH SCHOOL, Appellant.

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

Decided June 14, 2007.


The infant plaintiff allegedly was injured during gym class while playing in a game of line soccer. Inasmuch as the evidence of record demonstrates that the infant plaintiff's injury was not attributable to inadequate supervision, but rather to a spontaneous and unforeseeable act, defendant's motion for summary judgment dismissing the complaint should have been granted (see e.g. Wuest v Board of Educ. of Middle Country Cent. School Dist., 298 A.D.2d...

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