GILMAN v. OCEANSIDE UNION FREE SCHOOL DISTRICT

2012-10486.

106 A.D.3d 952 (2013)

966 N.Y.S.2d 460

2013 NY Slip Op 3634

AARON GILMAN et al., Respondents, v. OCEANSIDE UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided May 22, 2013.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the cause of action alleging negligent supervision is granted.

On February 10, 2009, the infant plaintiff, who was then eight years old, was waiting to use the bathroom located in his first-grade classroom. As a fellow student exited the bathroom, the infant plaintiff placed his right hand near the...

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