ELDRIDGE ELDRIDGE v. LONG BEACH CITY SCHOOL DISTRICT

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

Kaitlyn ELDRIDGE, an Infant, by Her Mother and Natural Guardian, Elizabeth ELDRIDGE, et al., Appellants, v. LONG BEACH CITY SCHOOL DISTRICT, Respondent.

Decided: November 30, 1998

O'BRIEN, J.P., FLORIO, McGINITY and LUCIANO, JJ. Steven D. Kommor, Garden City, for appellants. Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, New York City (Andrea E. Waisman, of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated September 18, 1997, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

 The defendant made a prima facie showing on its motion for summary judgment dismissing the complaint that it was not negligent in its supervision of the infant plaintiff and/or in failing to stop her from playing on certain pieces of playground equipment while wearing an adult's bicycling glove (see, Cordaro v. Union Free School Dist. No. 22, Farmingdale, 14 A.D.2d 804, 220 N.Y.S.2d 656, affd. 11 N.Y.2d 1038, 230 N.Y.S.2d 30, 183 N.E.2d 912;  Miller v. Board of Educ., 249 App.Div. 738, 291 N.Y.S. 633;  see generally, Mirand v. City of New York, 84 N.Y.2d 44, 614 N.Y.S.2d 372, 637 N.E.2d 263).   The plaintiffs' opposition to the motion, including the affidavit of their purported expert, was insufficient to raise a factual question requiring a trial of the matter.   Thus, the defendant's motion for summary judgment was properly granted (see generally, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572;  cf., Hunt v. Board of Educ. of Schenectady, 43 A.D.2d 397, 352 N.Y.S.2d 237).

 We note that no expert testimony was needed to establish the degree or kind of supervision required (see, Fortunato v. Dover Union Free School Dist., 224 A.D.2d 658, 638 N.Y.S.2d 727).

The plaintiffs' remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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