Opinion
December 14, 1995
Appeal from the Supreme Court, Essex County (Dawson, J.).
This action stems from an altercation between two students of defendant Ticonderoga Central School District in which, according to plaintiff's complaint, Jeremy Busby was assaulted by Robert Fleury, Jr. as he was boarding a bus owned by defendant Bridgewater Transport Company and used for transport of students. Plaintiff sued defendants for personal injuries sustained on behalf of Jeremy Busby. After interposing an answer, defendants moved for summary judgment dismissing the complaint, which was denied by Supreme Court. This appeal by defendants ensued.
There should be an affirmance. A party opposing a motion for summary judgment is allowed considerable leeway in demonstrating an acceptable excuse for the failure to meet the strict pleading requirements of CPLR 3212 ( see, River Bank Am. v. Daniel Equities Corp., 213 A.D.2d 929). At the time defendants brought the motion, depositions had not yet been conducted of witnesses to the actual event and to Fleury's aggressive behavior prior to the assault. Since this proof was necessary for plaintiff to establish his claim of negligent supervision ( see, e.g., Mirand v. City of New York, 84 N.Y.2d 44, 49), the motions were properly denied.
Cardona, J.P., Crew III, Peters and Spain, JJ., concur. Ordered that the order is affirmed, with costs.