HAMILL v. TOWN OF SOUTHAMPTON (1999)

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

David Lee HAMILL, etc., et al., appellants, v. TOWN OF SOUTHAMPTON, et al., respondents.

Decided: May 03, 1999

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY and ROBERT W. SCHMIDT, JJ.

Joseph T. Mullen, Jr., New York, N.Y. (Jonathan A. Fier of counsel), for appellants. Rivkin, Radler & Kremer, Uniondale, N.Y. (Evan H. Krinick and Stuart M. Bodoff of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 7, 1998, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

On May 25, 1995, the plaintiff David Lee Hamill, a seventh-grade student at Hampton Bays High School, was injured while running to intercept the football at a touch football game during lunch recess. The conduct of a teacher who was participating in the game did not expose the injured plaintiff to any unreasonable risks (cf., Pike v. Gouverneur Cent. School Dist., 249 A.D.2d 820, 671 N.Y.S.2d 872) and did not violate any duty to supervise him (cf., Cody v. Massapequa Union Free School Dist. No. 23, 227 A.D.2d 368, 642 N.Y.S.2d 329). Accordingly, the defendants were entitled to summary judgment.

MEMORANDUM BY THE COURT.

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