Opinion
December 28, 1999
Order, Supreme Court, New York County (Lorraine Miller, J.), entered November 9, 1998, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Peter R. Cella, for Plaintiff-Appellant.
Christopher A. South, for Defendants-Respondents.
SULLIVAN, J.P., NARDELLI, RUBIN, ANDRIAS, FRIEDMAN, JJ.
Summary judgment was properly granted to defendants since the infant plaintiff's injury in a roller skating accident did not occur while he was on the property of defendant school or within the custody and control of school authorities (see, Pratt v. Robinson, 39 N.Y.2d 554, 560; compare, Farrukh v. Bd. Of Educ. Of the City of New York, 227 A.D.2d 440). It is clear that by the time of the infant plaintiff's accident, both the infant plaintiff and the skates whose use allegedly led to his injury had passed into the custody and control of the infant plaintiff's mother.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.