Page 43 - WCBA Appellate Practice Committee CLE May 2024-Handout

CASES TO BE PRESENTED BY WARHIT, J. (School Liability Cases)

Fleming v. City of New York Department of Education, 221 A.D. 3d 785 (2023)

The infant plaintiff, by his mother, brought a personal injury action seeking to recover damages for
injuries the student sustained when the tip of his left ring finger was closed in a metal door at school.
The Supreme Court, Kings County, granted summary judgment in favor of the defendant school district.
The Appellate Division reversed, finding that triable issues of fact existed as to whether there was an
appropriate level of supervision of the students and whether the school played a role in empowering or
training the student lunch monitor.

S.T. v. Island Park Union free School District, 2024 WL 1290469 (2024)

The infant plaintiff brought an action for personal injuries sustained by the infant plaintiff during gym
class. The defendant school district appealed from an order of the Supreme Court, Nassau County,
denying the school district’s motion for summary judgment. The Appellate Division reversed, finding
that the school district established its prima facie entitlement to judgment as a matter of law dismissing
the complaint by demonstrating that it provided adequate supervision during the infant plaintiff’s gym
class and that the plaintiff was engaged in an age-appropriate activity that did not constitute dangerous
play. In opposition, the plaintiff failed to raise a triable issue of fact.

Burdo v. Cold Spring Harbor Central School District, 219 A.D. 3d 1481 (2023)

The infant plaintiff brought an action against the school district alleging negligent supervision during an
overnight school trip and Supreme Court, Suffolk County, granted summary judgment in the school
district’s favor. The Appellate Division affirmed finding the school district established its prima facie
entitlement to judgment as a matter of law dismissing the complaint by demonstrating that the school
district had no actual or constructive notice of prior conduct by the students allegedly involved in
bullying the infant plaintiff and that the infant plaintiff failed to raise a triable issue of fact.

D.M. v. Yonkers City School District, 220 A.D. 3d 672 (2023)

The infant plaintiff, who allegedly was injured when she slipped and fell on wet grass on a school
playground, appealed an order of the Supreme Court, Westchester County, granting the school district
summary judgment. The Appellate Division affirmed, finding the school district demonstrated, prima
facie, that it did not have actual or constructive notice of any dangerous condition on the playground
area where the accident occurred, and that the level of supervision afforded to the infant plaintiff was
adequate and that, in opposition, the infant plaintiff failed to raise a triable issue of fact.

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