Opinion
570664/05.
Decided October 18, 2006.
Plaintiffs, as limited by their brief, appeal from that portion of an order of the Civil Court, Bronx County (Irving Rosen, J.), entered November 17, 2004, which granted the motion of defendant Miriam Desoyza Learning Center for summary judgment dismissing the complaint as against it.
Order (Irving Rosen, J.), entered November 17, 2004, affirmed, with $10 costs.
PRESENT: Davis, J.P., Gangel-Jacob, J.
Plaintiffs seek to recover for injuries sustained by the infant plaintiff when she tripped and fell after stepping on her untied shoelace while playing tag with five other children at dismissal time in the front yard of her preschool, which was operated by defendant Miriam Desoyza Learning Center. Although plaintiffs maintain that the infant plaintiff's injury is attributable to the defendant school's failure to meet its obligation to adequately supervise the students during dismissal, the evidence shows that the dismissal was in fact supervised by teachers and school staff, and no issue is raised as to whether that level of supervision was adequate under the circumstances. To hold defendant responsible for this accident would be to require it to continuously supervise all of the movements and activities of its students, making it, in effect, an insurer of its students' safety ( see Mirand v. City of New York, 84 NY2d 44, 49).
This constitutes the decision and order of the court.