Opinion
15129 Index No. 20727/14E Case No. 2021–03232
01-25-2022
Y.R., an Infant, BY her Mother and Natural Guardian, MIRIAN T.B., et al., Plaintiffs–Appellants, v. The CITY OF NEW YORK et al., Defendants, NYC Charter High School for Architecture, Engineering and Construction Industries, Defendant–Respondent.
Law Offices of William Pager, Brooklyn (William Pager of counsel), for appellants. Ahmuty, Demers and McManus, Albertson (Glenn A. Kaminska of counsel), for respondent.
Law Offices of William Pager, Brooklyn (William Pager of counsel), for appellants.
Ahmuty, Demers and McManus, Albertson (Glenn A. Kaminska of counsel), for respondent.
Gische, J.P., Webber, Mendez, Rodriguez, Pitt, JJ.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 14, 2021, which granted defendant NYC Charter High School for Architecture, Engineering and Construction Industries’ motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Defendant established prima facie that it cannot be held liable for the injuries sustained by the infant plaintiff (plaintiff), a high school student, when she was attacked by another student in a school hallway, by showing that it provided sufficient supervision for its students, that the attack on plaintiff was sudden and spontaneous and could not have been prevented by greater supervision, and that it had no notice of animosity or conflicts between plaintiff and her attacker (see Espino v. New York City Bd. of Educ., 80 A.D.3d 496, 496, 915 N.Y.S.2d 66 [1st Dept. 2011], lv denied 17 N.Y.3d 709, 2011 WL 4089790 [2011] ).
In opposition, plaintiffs failed to raise an issue of fact. Plaintiff's affidavit is "vague and lacking in detail" ( Gerwin & Ehrenclou v. 964 Third Ave. Assoc., 90 A.D.2d 712, 712, 455 N.Y.S.2d 637 [1st Dept. 1982] ). In any event, the dissimilar incidents mentioned by plaintiff that occurred "several months" before the subject incident could not have placed the school on notice of what was admittedly a spontaneous assault (see Emmanuel B. v. City of New York, 131 A.D.3d 831, 832, 15 N.Y.S.3d 790 [1st Dept. 2015] ). Nor is there an issue of fact as to the adequacy of the school's security plan and/or whether it had been violated, given the evidence that security guards patrolled the halls and immediately intervened to stop the fight (see Espino, 80 A.D.3d at 497, 915 N.Y.S.2d 66 ).