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Jackson v. Newburgh Enlarged City Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1999
259 A.D.2d 521 (N.Y. App. Div. 1999)

Opinion

March 8, 1999

Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).


Ordered that the order is reversed, with costs; the motion is denied, and the order dated December 8, 1997, is reinstated.

This action arises from the fall and resultant injury of a student in a junior high school, allegedly caused by another student. Regardless of the plaintiffs' reasons for failing to oppose the defendant's summary judgment motion, they have not provided evidence of a meritorious claim so as to require vacatur of the order dated December 8, 1997, pursuant to CPLR 5015 ( see, e.g., Peacock v. Kalikow, 239 A.D.2d 188, 190). There was no evidence put forth in any of the plaintiffs' submissions that the infant plaintiff was intentionally caused to fall by a certain student, nor was there evidence that the defendant had notice that this student's behavior posed a threat to the infant plaintiff or other students in the school ( see, Mirand v. City of New York, 84 N.Y.2d 44; see also, Lawes v. Board of Educ., 16 N.Y.2d 302).

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.


Summaries of

Jackson v. Newburgh Enlarged City Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1999
259 A.D.2d 521 (N.Y. App. Div. 1999)
Case details for

Jackson v. Newburgh Enlarged City Sch. Dist

Case Details

Full title:MARISA A. JACKSON, an Infant, by Her Mother and Natural Guardian, STEVE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 8, 1999

Citations

259 A.D.2d 521 (N.Y. App. Div. 1999)
684 N.Y.S.2d 900

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