Opinion
March 7, 1994
Appeal from the Supreme Court, Westchester County (Wood, J.).
Ordered that the judgment is affirmed, with costs.
The trial court properly refused to charge the jury that the defendant was under a duty to use special skill and care as set forth in PJI 2:15. The proper charge, and the one given by the court, was PJI 2:227, which provides that the Board of Education has "a duty to exercise the same degree of care toward the students in its custody as a reasonably prudent parent would exercise under comparable circumstances" (Sprecher v. Port Washington Union Free School Dist., 166 A.D.2d 700; see, Lawes v Board of Educ., 16 N.Y.2d 302).
The plaintiffs' remaining contentions are unpreserved for appellate review, and, in any event, without merit. Miller, J.P., Copertino, Santucci and Goldstein, JJ., concur.