Hauser v. North Rockland Cent. School Dist. No. 1
| Decision Date | 15 October 1990 |
| Citation | 166 A.D.2d 553,560 N.Y.S.2d 835 |
| Parties | , 63 Ed. Law Rep. 588 William HAUSER, etc., et al., Plaintiffs-Appellants, v. NORTH ROCKLAND CENTRAL SCHOOL DISTRICT NO. 1, Defendant-Respondent, Mark Babinec, etc., et al., Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
Harold K. Grune, Stoney Point, for plaintiffs-appellants.
Alfred J. Hopkins, Scarsdale (Eppinger Reingold & Fremont, Larchmont, N.Y., Ronald M. Eppinger, of counsel), for defendants-appellants.
Granik Silverman Sandberg Campbell Nowicki Resnik, New City (Richard A. Glickel, of counsel), for defendant-respondent.
Before BRACKEN, J.P., and LAWRENCE, EIBER, HARWOOD and ROSENBLATT, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, the plaintiffs William Hauser and Donna Muntz appeal, and the defendants Mark Babinec and Patricia Garrison separately appeal, from an order of the Supreme Court, Rockland County (Bergman, J.), dated October 12, 1988, which granted the motion of the defendant North Rockland Central School District No. 1 for summary judgment.
ORDERED that the respondent is awarded one bill of costs.
It is well established that a school is not the insurer of the safety of the students and it is only under a duty to exercise the degree of reasonable care that a parent of ordinary prudence would have exercised under comparable circumstances (see, Ohman v. Board of Educ. of City of N.Y., 300 N.Y. 306, 90 N.E.2d 474). When an injury results from the act of an intervening third party which, under the circumstances, could hardly have been anticipated in the reasonable exercise of the school's legal duty to the child, there can be no liability on the part of the school (see, Passantino v. Board of Educ. of City of N.Y., 41 N.Y.2d 1022, 395 N.Y.S.2d 628, 363 N.E.2d 1373; Ohman v. Board of Educ. of City of N.Y., supra; Totan v. Board of Educ. of City of N.Y., 133 A.D.2d 366, 519 N.Y.S.2d 374; Rock v. Central Sq. School Dist., 113 A.D.2d 1008, 494 N.Y.S.2d 579; Swiatkowski v. Board of Educ. of City of Buffalo, 36 A.D.2d 685, 319 N.Y.S.2d 783).
In this case the infant plaintiff, a sixth-grade student, was injured when struck by a rock thrown by a fellow student during a lunch recess in the schoolyard. The depositions evidenced that there were at least...
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