Opinion
2014-02-13
Saul Gabriel RIVERA, etc., et al., Plaintiffs–Appellants, v. The ROMAN CATHOLIC CHURCH OF ST. HELENA, et al., Defendants–Respondents.
Burns & Harris, New York (Jennifer Shafer of counsel), for appellants. Leahey & Johnson, P.C., New York (Joanne Filiberti of counsel), for respondents.
Burns & Harris, New York (Jennifer Shafer of counsel), for appellants. Leahey & Johnson, P.C., New York (Joanne Filiberti of counsel), for respondents.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered September 13, 2012, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Summary judgment was properly granted to defendants in this action where the infant plaintiff was injured when he collided with a stairway railing during a game of tag. Plaintiff's own testimony as to how the accident occurred demonstrates that no additional supervision could have prevented his injury ( see Esponda v. City of New York, 62 A.D.3d 458, 460, 878 N.Y.S.2d 330 [1st Dept.2009]see also Lizardo v. Board of Educ. of the City of N. Y., 77 A.D.3d 437, 908 N.Y.S.2d 395 [1st Dept.2010] ). ACOSTA, J.P., ANDRIAS, SAXE, FREEDMAN, FEINMAN, JJ., concur.