Majority
In an action to recover
Ordered that the order is affirmed, with costs.
The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the sudden and spontaneous collision between the infant plaintiff and a fellow student while playing softball in a physical education class could not have been prevented by the most intense supervision (see Paragas v Comsewogue Union Free School Dist., 65 AD3d 1111 [2009]; Scarito v St. Joseph Hill Academy, 62 AD3d 773 , 775 [2009]; Ronan v School Dist. of City of New Rochelle, 35 AD3d 429 , 430 [2006]). In opposition, the plaintiff failed to raise a triable issue of fact (see Lizardo v Board of Educ. of the City of N.Y., 77 AD3d 437 [2010]). Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Dillon, J.E, Eng, Belen and Sgroi, JJ, concur.
Cases cited
- Paragas v. Comsewogue Union Free School District 65 AD3d 1111 p. 1087
- Ronan v. School District 35 AD3d 429 at 430 p. 1087
- Lizardo v. Board of Education 77 AD3d 437 p. 1087