Quinones v. Bd. of Ed. of the City of N.Y

Full title: RICHARD C. QUINONES, Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 30, 1998

248 A.D.2d 696 (N.Y. App. Div. 1998)

670 N.Y.S.2d 333

Opinion

March 30, 1998

Appeal from the Supreme Court, Richmond County (Mastro, J.).

Ordered that the order is affirmed, with costs.

The 13-year-old plaintiff allegedly sustained injuries when he tripped and fell on a small rock on the ground of a park adjacent to a school in Staten Island.

The Supreme Court properly granted the defendant's cross motion for summary judgment. The plaintiff failed to raise any triable issues of fact (see, CPLR 3212 [b]) with regard to his claim that his alleged injuries were proximately caused by the defendant's negligence in maintaining the subject premises or in supervising the plaintiff. In addition, the cross motion was properly granted notwithstanding the fact that discovery had not yet been completed, since "there was only hope and speculation as to what additional discovery would uncover in the present situation" (Mazzaferro v. Barterama Corp., 218 A.D.2d 643, 644).

Rosenblatt, J. P., Sullivan, Joy and Luciano, JJ., concur.