Opinion
Submitted March 28, 2001
April 16, 2001
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered November 22, 2000, which denied its motion for summary judgment dismissing the complaint.
Del Vecchio Recine, LLP, Garden City, N.Y. (Phyllis Recine of counsel), for respondent.
Edward J. Emanuele, Mineola, N.Y., Law Guardian for the child.
Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Kathleen D. Foley of counsel), for appellant.
Ahlers Safranek, LLP, White Plains, N.Y. (Michael L. Safranek of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., SONDRA MILLER, LEO F. McGINITY ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff sustained injuries, including a broken nose, when, in the course of playing touch football with a frisbee as part of a physical education class at Mamaroneck High School, another player collided with him.
Contrary to the plaintiff's contention, the alleged inadequate supervision by the defendant's employee was not a proximate cause of the plaintiff's injuries. Rather, the injuries were the result of a spontaneous and unforeseeable act committed by a fellow high school student when the two collided in an attempt to catch the frisbee (see, Organ v. Yorktown Cent.
School Dist., 269 A.D.2d 374; Buckvar v. Syosset Cent. School Dist., 148 A.D.2d 409).
BRACKEN, P.J., S. MILLER, McGINITY and SCHMIDT, JJ., concur.