Opinion
No. 3367.
April 10, 2008.
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered April 13, 2007, which denied defendants' motion for summary judgment, unanimously affirmed, without costs.
Fumuso, Kelly, DeVerna, Snyder, Swart Farrell, LLP, Hauppauge (Scott G. Christensen of counsel), for appellants.
Miller Eisenman, LLP, New York (Michael P. Eisenman of counsel), for respondents.
Before: Gonzalez, J.P., Nardelli, Buckley and Catterson, JJ.
The infant plaintiff, a three-year-old "special needs" student at defendant Birch's early childhood center, was allegedly injured by another student at school on three occasions in late 2002 and early 2003. The final injury was a broken femur. Plaintiff's seek to hold defendants liable for negligent supervision.
The school authorities were not entitled to summary judgment on this record ( see Garcia v City of New York, 222 AD2d 192, 195, lv denied 89 NY2d 808). Plaintiff's introduced sufficient evidence, in addition to the challenged alleged hearsay ( see Navedo v 250 Willis Ave. Supermarket, 290 AD2d 246, 247), to raise a triable issue of fact as to the school's awareness of prior injuries to this child while in its care and custody, and to raise factual issues as to the adequacy of defendants' supervision ( see Mirand v City of New York, 84 NY2d 44).