Opinion
November 30, 1998
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the order is affirmed, with costs.
The defendant made a prima facie showing on its motion for summary judgment dismissing the complaint that it was not negligent in its supervision of the infant plaintiff and/or in failing to stop her from playing on certain pieces of playground equipment while wearing an adult's bicycling glove ( see, Cordaro v. Union Free School Dist. No. 22, 14 A.D.2d 804, affd 11 N.Y.2d 1038; Miller v. Board of Educ., 249 App. Div. 738; see generally, Mirand v. City of New York, 84 N.Y.2d 44). The plaintiffs' opposition to the motion, including the affidavit of their purported expert, was insufficient to raise a factual question requiring a trial of the matter. Thus, the defendant's motion for summary judgment was properly granted ( see generally, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; cf., Hunt v. Board of Educ., 43 A.D.2d 397).
We note that no expert testimony was needed to establish the degree or kind of supervision required ( see, Fortunato v. Dover Union Free School Dist., 224 A.D.2d 658).
The plaintiffs' remaining contentions are without merit.
O'Brien, J. P., Florio, McGinity and Luciano, JJ., concur.