New York Court of Appeals

Summer H., an Infant, by Her Father and Natural Guardian, John H. v. New York City Department of Education

October 18, 201219 N.Y.3d 1030

Summary

The New York Court of Appeals affirmed the Appellate Division's order granting summary judgment to the New York City Department of Education, holding that the classmate's backward step was a thoughtless or careless act not preventable by reasonable supervision, and therefore the plaintiff's negligence claim could not proceed.