Opinion
April 16, 1996
Appeal from the Supreme Court, Kings County (Michael Feinberg, J.).
In an action to recover for personal injuries sustained by the infant plaintiff when he was struck by a car on the street in front of appellant elementary school shortly after school dismissed four hours earlier than usual, issues of fact exist precluding summary judgment at this early stage of the proceedings, including whether the school notified the child's parents of the early dismissal or otherwise caused the child to "pass out of the orbit of its authority in such a way that the parent [was] perfectly free to reassume control over the child's protection" ( Pratt v. Robinson, 39 N.Y.2d 554, 560), whether a parent of ordinary prudence would have exercised a greater degree of supervision under circumstances that, while not yet fully explored, involved an 11-year old apparently playing near a street ( cf., Gattyan v. Scarsdale Union Free School Dist. No. 1, 152 A.D.2d 650), and whether the school had knowledge of prior similar accidents or otherwise had reason to anticipate an accident of this type in the absence of supervision ( see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315).
Concur — Rosenberger, J.P., Rubin, Nardelli and Tom, JJ.