Kennedy v. Seaford Union Free School Dist. No. 6

• Decision Date: 04 May 1998
• Citation: Kennedy v. Seaford Union Free School Dist. No. 6, 672 N.Y.S.2d 407, 250 A.D.2d 574 (N.Y. App. Div. 1998)
• Parties: , 126 Ed. Law Rep. 355, 1998 N.Y. Slip Op. 4476 Kevin W. KENNEDY, etc., et al., Plaintiffs-Respondents, v. SEAFORD UNION FREE SCHOOL DISTRICT NO. 6, et al., Appellants, Joseph Ribaudo, etc., et al., Defendants-Respondents.
• Court: New York Supreme Court — Appellate Division

Page 407

672 N.Y.S.2d 407

250 A.D.2d 574, 126 Ed. Law Rep. 355,

1998 N.Y. Slip Op. 4476

Kevin W. KENNEDY, etc., et al., Plaintiffs-Respondents, v.SEAFORD UNION FREE SCHOOL DISTRICT NO. 6, et al., AppellantsJoseph Ribaudo, etc., et al., Defendants-Respondents.

Supreme Court, Appellate Division Second Department.

May 4, 1998.

Forchelli, Schwartz, Mineo & Carlino, L.L.P., Mineola (Joseph F. Buzzell and Paul J. Muscarella, of counsel), for appellants.

Picciano & Scahill, P.C., Mineola (John F. Picciano and Sean W. Schaefer, of counsel), for plaintiffs-respondents.

Before RITTER, J.P., and SULLIVAN, KRAUSMAN and LUCIANO, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries, etc., the defendantsSeaford Union Free School DistrictNo. 6 and Raymond Buckley appeal from an order of the Supreme Court, Nassau County(Kohn, J.), dated April 11, 1997, which denied their motion for summary judgment dismissing the complaint and any cross claims insofar as asserted against them.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint and any cross claims are dismissed insofar as asserted against the defendantsSeaford Union Free School DistrictNo. 6 and Raymond Buckley, and the action is severed against the remaining defendants.

On May 17, 1993, the infant plaintiff, a student at Seaford High School, was physically assaulted by the defendantRobert Ribaudo(hereinafter Ribaudo), another student at the school.The assault allegedly occurred in the first floor boys' bathroom The infant plaintiff and his father commenced this action against, inter alia, the defendantsSeaford Union Free School DistrictNo. 6(hereinafter the District) and Raymond Buckley, the high school principal, alleging that these defendants were negligent in their supervision of Ribaudo.After joinder of issue, the District and Buckley moved for summary judgment.The Supreme Court denied the motion.We reverse.

It is well settled that "[s]chools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision"(Mirand v. City of New York, 84 N.Y.2d 44, 49, 614 N.Y.S.2d 372, 637 N.E.2d 263).Nevertheless, "[s]chools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students; therefore, schools are not...