Summer H. v New York City Dept. of Educ.

Summer H. v New York City Dept. of Educ. 2012 NY Slip Op 06994 Decided on October 18, 2012 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 18, 2012
No. 227 SSM 36

[*1]Summer H., & c., et al., Appellants,

v

The New York City Department of Education, Respondent.




Submitted by Alan C. Kestenbaum, for appellants.
Submitted by Norman Corenthal, for respondent.


MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

Viewing the evidence in a light most favorable to plaintiff (see e.g. Branham v Loews Orpheum Cinemas, Inc., 8 NY3d 931, 931 [2007]), defendant demonstrated its [*2]entitlement to summary judgment dismissing the complaint. The infant-plaintiff's classmate's action in stepping backwards constituted a "thoughtless or careless act" not preventable by reasonable supervision (Mirand v City of New York, 84 NY2d 44, 49 [1994]).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided October 18, 2012