| Summer H. v New York City Dept. of Educ. |
| 2012 NY Slip Op 06994 [19 NY3d 1030] |
| October 18, 2012 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, December 5, 2012 |
| Summer H., an Infant, by Her Father and Natural Guardian, John H., et al., Appellants, v New York City Department of Education, Respondent. |
Decided October 18, 2012
Summer H. v New York City Dept. of Educ., 95 AD3d 719, affirmed.
APPEARANCES OF COUNSEL
Apicella & Schlesinger, New York City (Alan C. Kestenbaum of counsel), for appellants.
Michael A. Cardozo, Corporation Counsel, New York City (Norman Corenthal of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Viewing the evidence in a light most favorable to plaintiff (see e.g. Branham v Loews Orpheum Cinemas, Inc., 8 NY3d 931, 932 [2007]), defendant demonstrated its [*2]entitlement to summary judgment dismissing the complaint. The infant plaintiff's classmate's action in stepping backwards constituted a "thoughtless or careless act" not preventable by reasonable supervision (Mirand v City of New York, 84 NY2d 44, 49 [1994]).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.