Opinion
2002-05096
Submitted September 9, 2003.
September 22, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Vaughan, J.), entered May 1, 2002, which, upon the granting of the motion of the defendant Therapy Learning Center, Inc., pursuant to CPLR 4401, made at the close of evidence, for judgment as a matter of law dismissing the plaintiffs' cause of action alleging negligent supervision and upon a jury verdict on the plaintiffs' cause of action alleging a dangerous and defective condition, is in favor of the defendant Therapy Learning Center, Inc., and against them dismissing the complaint insofar as asserted against that defendant.
David J. Hernandez, Brooklyn, N.Y., for appellants.
White Fleischner Fino, LLP, New York, N.Y. (Nancy Davis Lyness of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly directed a verdict in favor of the defendant Therapy Learning Center, Inc. (hereinafter the defendant), on the plaintiffs' cause of action alleging negligent supervision. Viewing the evidence in the light most favorable to the plaintiffs, no rational jury could have found that a lack of adequate supervision by that defendant was a proximate cause of the injuries alleged ( see Mirand v. City of New York, 84 N.Y.2d 44; Lopez v. Freeport Union Free School Dist., 288 A.D.2d 355; Jennings v. Oceanside Union Free School Dist., 279 A.D.2d 507).
The plaintiffs' remaining contentions are without merit ( see Morgan v. Pascal, 274 A.D.2d 561; Bielicki v. T.J. Bentey, Inc., 267 A.D.2d 266).
RITTER, J.P., FEUERSTEIN, H. MILLER and ADAMS, JJ., concur.