OUTCOME: The Court granted Linden's motion for summary judgment.
The claims in this action arose out of a breach of contract and negligence dispute between plaintiff Banta Homes Corporation ("Banta") and JOW. Linden Construction Corporation ("Linden"), a third-part...y defendant, moved, pursuant to CPLR § 3212, dismissing the third-party complaint and all cross-claims against it.
In September 2006 the infant plaintiff was 13 years old and a student at the Beginning with Children Charter School (hereinafter BWC) in Brooklyn. On September 15, 2006, while the infant plaintiff was ...in a gymnasium during a physical education class, he allegedly was struck in the eye with a tennis ball. The class was being supervised by a substitute teacher employed by Tempositions, Inc., doing business as School Professionals (hereinafter Tempositions). The plaintiffs commenced this action against BWC and Tempositions, among others, to recover damages for personal injuries allegedly caused as a result of the accident.
The Supreme Court granted BWC's motion for summary judgment and dismissed plaintiff's complaint.
Plaintiff appealed, and the Appellate Division, Second Department, affirmed the Supreme Court's decision.