LOS SANTOS v. NEW YORK CITY DEPARTMENT OF EDUCATION


42 A.D.3d 422 (2007)

840 N.Y.S.2d 91

REYMI DE LOS SANTOS et al., Respondents, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents, and YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER NEW YORK, Doing Business as YMCA OF GREATER NEW YORK, Appellant.

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

Decided July 10, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs payable to the appellant by the plaintiffs-respondents, and that branch of the appellant's motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

"Schools are not insurers of [their students'] safety ... for they cannot reasonably be expected to continuously supervise and control all movements and activities of...

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