AHMADI v. The City of New York, et al., Defendants. (2001)

Supreme Court, Appellate Division, First Department, New York.

Houshang AHMADI, Plaintiff-Appellant, v. GREATER NEW YORK COUNCILS, INC., et al., Defendants-Respondents, The City of New York, et al., Defendants.

Decided: May 15, 2001

WILLIAMS, J.P., TOM, WALLACH, BUCKLEY and FRIEDMAN, JJ.

Stephen H. Slater, for Plaintiff-Appellant. Robert A. Faller, for Defendants-Respondents.

Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about January 24, 2000, which, in an action by a teacher for personal injuries sustained when he was pushed by a student during an overnight camping trip, insofar as appealed from, granted defendants-respondents campground owners' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants had no common-law duty to provide additional supervision for the student group using the campground for its outing, relative either to the duty of landowners owed to children on their property (see, Matson v. Town of Milton, 252 A.D.2d 919, 921, 676 N.Y.S.2d 303), or to the duty to secure their property against crime (see, Gill v. New York City Hous. Auth., 130 A.D.2d 256, 259-260, 519 N.Y.S.2d 364). Nor can such a duty be found in either the agreement signed by the participating teachers or any prior acts of defendants.

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