POLLOCK 14 v. Boys & Girls Harbor, Inc., Defendant-Respondent.

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

Jasmine POLLOCK, an infant over the age of 14 years, etc., and Pauline Washington, individually, Plaintiffs-Appellants, v. Luis BONES, Defendant, Boys & Girls Harbor, Inc., Defendant-Respondent.

Decided: June 17, 2008

LIPPMAN, P.J., ANDRIAS, SWEENY, RENWICK, JJ. David Henry Sculnick, New York, for appellants. Lester Schwab Katz & Dwyer, LLP, New York (Steven B. Prystowsky of counsel), for respondent.

Order, Supreme Court, Bronx County (Sallie Manzanet-Daniels, J.), entered June 13, 2007, which granted the motion of defendant Boys & Girls Harbor, Inc. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

 The record contains no evidence of previous physical altercations between the infant plaintiff and her fellow camper that would have placed defendant day camp on notice that the fellow camper's act that allegedly caused plaintiff's injuries could reasonably have been anticipated (see Baker v. Trinity-Pawling School, 21 A.D.3d 272, 274, 800 N.Y.S.2d 10 [2005], lv. dismissed 7 N.Y.3d 739, 819 N.Y.S.2d 860, 853 N.E.2d 229 [2006] ).   In any event, the infant plaintiff had left camp at the end of the day and was no longer under the physical custody and control of defendant's personnel when she was struck by the vehicle (see Pratt v. Robinson, 39 N.Y.2d 554, 560, 384 N.Y.S.2d 749, 349 N.E.2d 849 [1976];  Harker v. Rochester City School Dist., 241 A.D.2d 937, 661 N.Y.S.2d 332 [1997], lv. denied 90 N.Y.2d 811, 666 N.Y.S.2d 100, 688 N.E.2d 1382 [1997] ).   Moreover, her running into the street was an independent intervening act “so attenuated from the [camp's] conduct that responsibility for the injury should not reasonably be attributed to [it]” (Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 562, 606 N.Y.S.2d 127, 626 N.E.2d 912 [1993] ).