Opinion
October 18, 1993
Appeal from the Supreme Court, Kings County (Krausman, J.).
Ordered that the order is affirmed, with costs.
The infant plaintiff was allegedly injured when he was pushed in a hallway by another student at Junior High School 263 in Kings County. He sought to recover damages from the defendants on the ground of negligent supervision.
In order to establish a prima facie case of negligence, a plaintiff must demonstrate, inter alia, breach of a duty owed to the plaintiff by the alleged tortfeasor (see, Brown v. City of New York, 130 A.D.2d 701). The record indicates that the infant plaintiff's injury resulted from the act of an intervening third party which, under the circumstances, could not have been anticipated in the reasonable exercise of the school's legal duty (see, Ohman v. Board of Educ., 300 N.Y. 306; Ceglia v. Portledge School, 187 A.D.2d 550; Totan v. Board of Educ., 133 A.D.2d 366; Brown v. City of New York, 130 A.D.2d 701, supra). Absent proof of a breach of duty, the defendants were properly granted summary judgment. Thompson, J.P., Ritter, Santucci and Joy, JJ., concur.