Plaintiff's infant daughter slipped and fell at a roller-rink while participating in an after-school program sponsored by defendant-Goodwill Industries of Greater New York & Northern New Jersey, when she says she was "pushed from the side." The complaint alleged that the accident was proximately caused by defendant's negligent supervision and by overcrowding at the facility.

The Second Department dismissed the complaint, in Gaspard v. Board of Education of the City of New York, which was decided on January 22, 2008. Based on record evidence, including the injured daughter's deposition testimony, the court rejected the negligent supervision claim. Why? Since the accident occurred as the result of a sudden and abrupt action by an unknown skater or skaters, it could not have been prevented by even the most intense supervision, and so liability based on negligent supervision cannot be imposed. In addition, the facility general manager's deposition testimony established, prima facie, that the facility was not overcrowded at the time of the accident.