Practice point: A school owes a common-law duty to adequately supervise its students. However, to impose liability based on inadequate supervision, a plaintiff's injuries must have been foreseeable and proximately
related to the absence of adequate supervision.
Student note: Schools are not insurers of safety because they cannot reasonably be expected to continuously supervise and control all movements and activities of students; therefore, schools are not to be held liable for every thoughtless or careless act by which one pupil may injure another.
Case: Binani v. City of New York, NY Slip Op 06871 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Leave to amend, pursuant to CPLR 3025(b).