Majority
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated October 29, 2009, as granted that branch of the motion of the defendant Arlington Central School District which was for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted that branch of the motion of the defendant Arlington Central School District (hereinafter the defendant) which was for summary judgment dismissing the complaint insofar as asserted against it (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). The defendant established, prima facie, that its alleged negligence in supervising the infant plaintiff was not a proximate cause of the injury-producing event (see Benitez v New York City Bd. of Educ., 73 NY2d 650 [1989]; Convey v City of Rye School Dist., 271 AD2d 154 , 159-160 [2000]). In opposition, the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557 , 563 [1980]). The defendant also
The plaintiffs’ remaining contention is without merit. Rivera, J.P., Leventhal, Sgroi and Miller, JJ., concur.
Cases cited
- Alvarez v. Prospect Hospital 68 NY2d 320 p. 687
- Benitez v. New York City Board of Education 73 NY2d 650 p. 687
- Convey v. City of Rye School District 271 AD2d 154 at 159-160 p. 687
- Zuckerman v. City of New York 49 NY2d 557 at 563 p. 687
- Gordon v. American Museum of Natural History 67 NY2d 836 at 837-838 p. 688