ASCHER v. SCARSDALE SCHOOL DISTRICT (1999)

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered November 20, 1998, which granted the motion of the defendant Scarsdale School District for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly awarded the defendant Scarsdale School District summary judgment dismissing the complaint insofar as asserted against it.   The infant plaintiff's sudden, unforeseeable, unsuccessful attempt to perform a so-called “back flip” dismount from a moving playground swing while his teacher's back was turned was the sole proximate cause of his injuries (see, Matter of Banks v. City School Dist. of Albany, 257 A.D.2d 723, 682 N.Y.S.2d 474;  Foster v. New Berlin Cent. School Dist., 246 A.D.2d 880, 667 N.Y.S.2d 994;  Griffin v. Lardo, 247 A.D.2d 825, 668 N.Y.S.2d 837;  Barretto v. City of New York, 229 A.D.2d 214, 655 N.Y.S.2d 484;  Tomlinson v. Board of Educ. of City of Elmira, 183 A.D.2d 1023, 583 N.Y.S.2d 664).

The plaintiffs' remaining contentions are without merit.

MEMORANDUM BY THE COURT.