Opinion
2017–08783 Index No. 5220/14
05-15-2019
Ritu BEDI, etc., et al., Respondents, v. HYDE PARK CENTRAL SCHOOL DISTRICT, Appellant.
Catania, Mahon, Milligram & Rider, PLLC, Newburgh, N.Y. (Jeffrey S. Sculley, New Windsor, of counsel), for appellant.
Catania, Mahon, Milligram & Rider, PLLC, Newburgh, N.Y. (Jeffrey S. Sculley, New Windsor, of counsel), for appellant.
RUTH C. BALKIN, J.P., SHERI S. ROMAN, ROBERT J. MILLER, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
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 so much of the first cause of action as alleged that the defendant failed to provide adequate instruction to the plaintiffs' infant child is granted.
The plaintiffs are the parents of a child (hereinafter the child) who allegedly sustained injuries when he fell from a horizontal-ladder apparatus (hereinafter the monkey bars) at a school playground during a recess period. The defendant school district moved for summary judgment dismissing the complaint. The Supreme Court denied that branch of the motion which was to dismiss so much of the first cause of action as alleged that the defendant failed to provide adequate instruction to the infant, and otherwise granted the motion. The defendant appeals.
The defendant established, prima facie, that even assuming that the child did not receive adequate instruction on the use of the monkey bars, this omission did not proximately cause any injuries to the child because the record showed that the child was properly using the monkey bars at the time of the incident (see generally Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315, 434 N.Y.S.2d 166, 414 N.E.2d 666 ). In opposition, the plaintiffs failed to raise a triable issue of fact.
In light of our determination, we need not reach the defendant's remaining contention.
Accordingly, the Supreme Court should have granted that branch of the defendant's motion which was for summary judgment dismissing so much of the first cause of action as alleged that the defendant failed to provide adequate instruction to the child.
BALKIN, J.P., ROMAN, MILLER and CHRISTOPHER, JJ., concur.