GIBISER v. LaSALLE CENTER (1999)

In an action to recover damages for personal injuries, the defendant LaSalle Center appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated March 10, 1998, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The instant action seeks to recover damages for personal injuries allegedly sustained by the infant plaintiff during an altercation with the defendant Ricardo Whitaker, a student at the defendant LaSalle Center (hereinafter LaSalle).

Given that LaSalle had no actual or constructive notice of prior or similar violent conduct on the part of Whitaker, it is not liable for any injuries resulting from the altercation between the plaintiff and Whitaker.   Thus, LaSalle's motion for summary judgment is granted (see, Mirand v. City of New York, 84 N.Y.2d 44, 614 N.Y.S.2d 372, 637 N.E.2d 263;  Kennedy v. Seaford Union Free School Dist., 250 A.D.2d 574, 672 N.Y.S.2d 407).

MEMORANDUM BY THE COURT.