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Annie R., as the parent and guardian of the injured infant, was required to render services for the injured infant's care and cure and, as such, had also sustained damages. The incident and the injured infant's injuries were caused by Hosh's negligence. Hosh was negligent in causing, permitting, and allowing a dangerous condition to exist, and in causing or creating the dangerous condition, and in failing to make the area safe. Hosh negligently operated, managed, controlled and supervised the persons under its charge at the program. On that date, the injured infant was caused to be thrown to the ground by another student or students and thereby sustained injuries and damages (hereinafter the incident). On March 25, 2016, the injured infant was at the program and was under the supervision and control of personnel employed by Hosh. Hosh manages, operates, controls, and supervises the program. At some point, Hosh, entered into a written contract to conduct an afterschool program at the subject premise (hereinafter the program). At all relevant times Hosh was the owner of a premise located at 18 Beaver Street, Brooklyn, New York (hereinafter the subject premise).
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is the parent and natural guardian of MRC (hereinafter the injured infant). The complaint alleges the following salient facts. On September 2, 2016, Hosh joined issue by filing a verified answer. On August 3, 2016, plaintiff commenced the instant action for damages for personal injuries by filing a summons and complaint with the Kings County Clerk's office. Recitation in accordance with CPLR 2219 (a) of the papers considered on the notice of motion filed by defendant Hosh Kids (hereinafter Hosh or the movant) on under motion sequence number three, for an order pursuant to CPLR 3212 granting summary judgment in its favor on the issue of liability and dismissing the complaint as asserted against it.
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R.C, An Infant, Plaintiff,Ĭity of New York, New York City Department of Education and Hosh Kids, Defendants.Ĥ20 Lexington Avenue Suite 830, New York, NY 10170 Individually and as Parent And Natural Guardian OF M. This opinion is uncorrected and will not be published in the printed Official Reports.Īnnie R. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.