Hart v. New York City Housing Authority
Decision Date | 11 December 2007 |
Docket Number | 2006-10112. |
Parties | KAREEM HART et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.
The nine-year-old plaintiff, Kareem Hart (hereinafter the plaintiff), was attending a summer day camp operated by the defendant at a public playground, and was under the supervision of several counselors. The plaintiff was performing back flips on a gym mat while several children looked on. Unknown to the plaintiff, another child, who was not enrolled in the day camp, entered the playground riding a bicycle. While the plaintiff was performing a back flip, the bicyclist rode into his path, and the plaintiff landed on the bicycle, breaking his leg.
The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that there was adequate playground supervision, and that the level of supervision was not the proximate cause of the plaintiff's injuries (see David v City of New York, 40 AD3d 572 [2007]; Davidson v Sachem Cent. School Dist., 300 AD2d 276 [2002]). In response, the plaintiff failed to raise a triable issue of fact. Therefore, the defendant's motion for summary judgment should have been granted.
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... ... Division of the Supreme Court of the State of New York", Second Department ... Decided December 11, 2007 ... \xC2" ... ...