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JENNINGS v. OCEANSIDE UNION FREE SCHOOL DISTRICT

279 A.D.2d 507 (2001)

719 N.Y.S.2d 271

ROBERT JENNINGS et al., Respondents, v. OCEANSIDE UNION FREE SCHOOL DISTRICT, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

A school is not an insurer of the safety of its students (see, Mirand v City of New York, 84 N.Y.2d 44, 49; Farrukh v Board of Educ., 227 A.D.2d 440). Rather, a school is obligated to exercise such care over students in its charge that a parent of ordinary prudence would...

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