Opinion
2012-05-15
BRIAN O. (Anonymous), etc., et al., appellants, v. RIVERHEAD CENTRAL SCHOOL DISTRICT, respondents.
Keegan & Keegan, Ross & Rosner, LLP, Patchogue, N.Y. (Jamie G. Rosner of counsel), for appellants. Mulholland, Minion, Duffy, Davey, McNiff & Beyrer, Williston Park, N.Y. (Christine M. Gibbons of counsel), for respondents.
Keegan & Keegan, Ross & Rosner, LLP, Patchogue, N.Y. (Jamie G. Rosner of counsel), for appellants. Mulholland, Minion, Duffy, Davey, McNiff & Beyrer, Williston Park, N.Y. (Christine M. Gibbons of counsel), for respondents.
*781 In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated November 15, 2010, which granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the sudden and spontaneous collision between the infant plaintiff and a fellow student while playing softball in a physical education class could not have been prevented by the most intense supervision ( see Paragas v. Comsewogue Union Free School Dist., 65 A.D.3d 1111, 885 N.Y.S.2d 128; Scarito v. St. Joseph Hill Academy, 62 A.D.3d 773, 775, 878 N.Y.S.2d 460; Ronan v. School Dist. of City of New Rochelle, 35 A.D.3d 429, 430, 825 N.Y.S.2d 249). In opposition, the plaintiff failed to raise a triable issue of fact ( see Lizardo v. Board of Educ. of the City of N.Y., 77 A.D.3d 437, 908 N.Y.S.2d 395). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.