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GONZALES v. MUNCHKINLAND CHILD CARE, LLC

2011-04016.

89 A.D.3d 987 (2011)

933 N.Y.S.2d 710

2011 NY Slip Op 8561

CYNTHIA GONZALES, an Infant, by Her Mother and Natural Guardian, CYNTHIA GONZALES, et al., Respondents, v. MUNCHKINLAND CHILD CARE, LLC, et al., Appellants.

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

Decided November 22, 2011.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' motion which was for summary judgment on the issue of liability is denied.

"As a general matter, `[s]chools 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'" (Nash v Port Wash. Union Free School Dist.,

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