WAGNER v. ONEONTA SCHOOL DISTRICT

507457

68 A.D.3d 1516 (2009)

2009 NY Slip Op 9587

892 N.Y.S.2d 250

VALERIE T. WAGNER, Individually and as Parent and Guardian of VICTORIA F. BONKER, an Infant, Respondent, v. ONEONTA SCHOOL DISTRICT, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 24, 2009.


Mercure, J.P.

Plaintiff commenced this action to recover for injuries sustained by her eight-year-old daughter when other students closed the child's fingers in a bathroom door at their elementary school. Following joinder of issue and discovery, defendant moved for summary judgment, arguing, among other things, that its supervision of the students was not negligent and that any such negligence was not a proximate cause of the child's injuries. Supreme Court denied...

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