LUIS S. v. CITY OF NEW YORK

15670, 350045/08

130 A.D.3d 485 (2015)

13 N.Y.S.3d 411

2015 NY Slip Op 06022

LUIS S., an Infant, by His Mother and Natural Guardian, SUSANA B., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided July 9, 2015.


In this action alleging negligent supervision in a gym class, defendants established prima facie entitlement to summary judgment dismissing the action against them. Plaintiffs failed to raise a triable issue of fact to refute defendants' evidence that the infant plaintiff, a seventh grade student, was instructed and shown how to properly navigate the obstacle course in question, which included a two-foot high hurdle. Plaintiff was injured when, after successfully jumping...

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