Opinion
8426 Index 350127/13
02-19-2019
F.P.V., etc., et al., Plaintiffs–Respondents, v. CITY OF NEW YORK, et al., Defendants–Appellants.
Zachary W. Carter, Corporation Counsel, New York (Fay Ng of counsel), for appellants. Greenberg & Stein, P.C., New York (Ian Asch of counsel), for respondents.
Zachary W. Carter, Corporation Counsel, New York (Fay Ng of counsel), for appellants.
Greenberg & Stein, P.C., New York (Ian Asch of counsel), for respondents.
Richter, J.P., Manzanet–Daniels, Kapnick, Gesmer, Oing, JJ.
DOE satisfied its entitlement to judgment as a matter of law by submitting evidence showing that infant plaintiff's injury was caused while he was participating in a game of "Bulldog" in gym class when a fellow student suddenly and unexpectedly collided with him, which was a spontaneous act, and that no additional supervision could have prevented the injury (see M.V. v. City of New York, 149 A.D.3d 641, 52 N.Y.S.3d 362 [1st Dept. 2017] ; Chynna A. v. City of New York, 143 A.D.3d 623, 40 N.Y.S.3d 72 [1st Dept. 2016] ).
Under the circumstances, including how the game was played, the number of students and the size of the gym space, plaintiff established that there are issues of fact warranting a trial.
We have considered DOE's remaining arguments and find them unavailing.