Ascher v. Scarsdale School Dist.

• Decision Date: 20 December 1999
• Citation: Ascher v. Scarsdale School Dist., 700 N.Y.S.2d 210, 267 AD2d 339 (N.Y. App. Div. 1999)
• Parties: 140 Ed. Law Rep. 724, 1999 N.Y. Slip Op. 10,852 Samuel ASCHER, etc., et al., appellants, v. SCARSDALE SCHOOL DISTRICT, respondent, et al., defendant.
• Court: New York Supreme Court — Appellate Division

Page 210

700 N.Y.S.2d 210

140 Ed. Law Rep. 724, 1999 N.Y. Slip Op. 10,852

Samuel ASCHER, etc., et al., appellants, v. SCARSDALE SCHOOL DISTRICT, respondent, et al., defendant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 20, 1999.

Julien & Schlesinger, P.C., New York, N.Y. (Mary Elizabeth Burns and Michael S. Schlesinger of counsel), for appellants.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Garden City, N.Y. (Christine Gasser of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, MYRIAM J. ALTMAN and DANIEL F. LUCIANO, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered November 20, 1998, which granted the motion of the defendant Scarsdale School District for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly awarded the defendant Scarsdale School District summary judgment dismissing the complaint insofar as asserted against it. The infant plaintiff's sudden, unforeseeable, unsuccessful attempt to perform a so-called "back flip" dismount from a moving playground swing while his teacher's back was turned was the sole proximate cause of his injuries (see, Matter of Banks v. City School Dist. of Albany, 257 A.D.2d 723, 682 N.Y.S.2d 474; Foster v. New Berlin Cent....