Opinion
2001-10307
Argued September 3, 2002.
September 24, 2002.
In an action to recover damages for personal injuries, the defendant Clarkstown Central School District appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), dated November 7, 2001, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Henderson Brennan, White Plains, N.Y. (John T. Brennan of counsel), for appellant.
Birbrower, Montalbano, Condon Frank, P.C., New City, N.Y. (Jeffrey B. Saunders of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.
ORDERED that the order is affirmed, with costs.
A party moving for summary judgment must establish as a matter of law that there are no triable issues of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562) before the burden shifts to the opposing party (see Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851).
In this case, the defendant Clarkstown Central School District (hereinafter the School District) did not sustain its burden on its motion for summary judgment. A question of fact was presented as to whether the School District was negligent in failing to properly supervise the students in question.
Accordingly, the Supreme Court properly denied the School District's motion for summary judgment.
ALTMAN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.