RUIZ v. LIFE SKILLS SCHOOL LTD (1999)

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

Francisco RUIZ, etc., Plaintiff-Appellant, v. The LIFE SKILLS SCHOOL, LTD., et al., Defendants-Respondents.

Decided: December 28, 1999

SULLIVAN, J.P., NARDELLI, RUBIN, ANDRIAS and FRIEDMAN, JJ.

Peter R. Cella, for Plaintiff-Appellant. Christopher A. South, for Defendants-Respondents.

Order, Supreme Court, New York County (Lorraine Miller, J.), entered November 9, 1998, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted to defendants since the infant plaintiff's injury in a roller skating accident did not occur while he was on the property of defendant school or within the custody and control of school authorities (see, Pratt v. Robinson, 39 N.Y.2d 554, 560, 384 N.Y.S.2d 749, 349 N.E.2d 849; compare, Farrukh v. Bd. Of Educ. Of the City of New York, 227 A.D.2d 440, 643 N.Y.S.2d 118). It is clear that by the time of the infant plaintiff's accident, both the infant plaintiff and the skates whose use allegedly led to his injury had passed into the custody and control of the infant plaintiff's mother.

MEMORANDUM DECISION.

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