Opinion
December 22, 1997
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The record establishes that the infant plaintiff was injured as the result of a spontaneous and unforeseeable act committed by a fellow student. The alleged inadequacy of the supervision furnished by the defendant's employees cannot, under these and all the other circumstances presented, be considered a cause of the injuries suffered by the infant plaintiff ( see generally, Broad v. Patico Corp., 243 A.D.2d 434; Danna v. Sewanhaka Cent. High School Dist., 242 A.D.2d 361; Walsh v. City School Dist., 237 A.D.2d 811; Moores v. City of Newburgh School Dist., 237 A.D.2d 265; Ceglia v. Portledge School, 187 A.D.2d 550; Hauser v. North Rockland Cent. School Dist. No. 1, 166 A.D.2d 553). The plaintiffs failed to raise any issue of fact requiring a trial after the defendant had demonstrated its prima facie entitlement to judgment as a matter of law. The defendant's motion should therefore be granted.
Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.