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HERNANDEZ v. MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT

2010-04535.

83 A.D.3d 781 (2011)

920 N.Y.S.2d 671

JOSE HERNANDEZ, an Infant by and Through his Mother and Natural Guardian, LAURA HERNANDEZ, et al., Respondents, v. MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided April 12, 2011.

Ordered that the order is affirmed, with costs.

A school has a duty to exercise the same degree of care toward its students as would a reasonably prudent parent (see Mirand v City of New York, 84 N.Y.2d 44, 49 [1994]). A school, however, is not an insurer of its students' safety and will be held liable only for foreseeable injuries proximately related to the absence of adequate supervision (see Paragas v Comsewogue Union...

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