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LLAUGER v. ARCHDIOCESE OF NEW YORK

4663, 350119/08, 83892/08.

82 A.D.3d 656 (2011)

920 N.Y.S.2d 45

KRISTOFER LLAUGER, an Infant, by His Mother and Natural Guardian, LUCY MORALES, et al., Respondents, v. ARCHDIOCESE OF NEW YORK et al., Appellants. (And a Third-Party Action.)

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

Decided March 29, 2011.

"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 N.Y.2d 44, 49 [1994]). Here, dismissal of the complaint was not warranted since the record presents triable issues of fact including whether defendants were negligent...

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