October 11, 2013

Foley Griffin organizes Massapequa Turkey Trot

The attorneys at Foley Griffin, LLP. sponsor the Massapequa Thanksgiving Day Turkey Trot.  Please visit our website and consider supporting our event. All proceeds go to the benefit of the Leukemia/Lymphoma Society.www.turkeytrotmassapequa.com

June 21, 2013

Law suits against the City

One of the more difficult cases to prove is a negligence claim against the government.  The first problem is that governments have immunity from many claims. This means that you cannot bring a claim against a government for many claims you could make against a private individual.  This applies to cases where the government's decision to act or not to act is found to be discretionary.  Under those circumstances, the Courts will find for the government.  A recent case highlighted this rule of law.  In 2005, a woman was riding her bicycle. When she approached the entrance to the transverse road at West 65th Street in Central Park, a Department of Transportation (DOT) employee was placing traffic cones to block cars from entry to allow repairs. The employee said she could continue. On the road, the woman hit a pothole and suffered severe injuries to her face, which have required over 20 surgeries.

The bicycle rider sued the city, and a jury found that it was 60 percent liable for her accident because the DOT employee was negligent in allowing her to continue riding on the road. However, the Manhattan Supreme Court set aside the verdict, finding that the employee was engaged in the "discretionary" government function of traffic control, rather than the "proprietary" function of street repair.

The Appellate Division agreed with the Manhattan Supreme Court. It stated that the DOT employee made a discretionary decision to allow the plaintiff to proceed because his crew had not completed its preparations for roadwork. The court said that this decision was not made while engaged under the “proprietary” function of street repair, meaning that the City was not under a duty to maintain the roadway at the time. A government is immune from liability when acting in a discretionary function. Therefore, the City was not liable here.

At Foley Griffin, LLP, our attorneys represent clients in a multitude of areas of law, including slip and fall accidents and premise accidents. If you require assistance with a legal issue, please contact our office located in 666 Old Country Road, Suite 305, Garden City, NY11530, or call us toll free at 1-800-991-2773. 

What is a Serious Injury Under the Motor Vehicle Laws?

If you have been in a car accident and you would like to sue the other driver for compensation, you have to prove to the courts that you have met the threshold for a "serious injury" under New York law.  Under the Insurance Law, a person must satisfy one of the following eight definitions before pursuing a lawsuit; otherwise non-economic loss is not recoverable, meaning damages for pain and suffering and so on cannot be recovered by a plaintiff. The Insurance Law § 5102(d) provides:

Serious injury” means
1) a personal injury which results in death;
2) dismemberment or significant disfigurement;
3) a fracture;
4) loss of a fetus;
5) permanent loss of use of a body organ, member, function or system;
6) permanent consequential limitation of use of a body organ or member;
7) significant limitation of use of a body function or system, or
8) a medically determined injury or impairment of a non permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less that ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.   
The first four definitions provided are very precise and easy to determine. The latter three definitoins are more difficult to determine, and many serious injury threshold inquiries are centered on whether a person meets one or more of them.
                               
Dating back to 1982, the court in Licari v. Elliot determined that since New York uses a no-fault system, recovery can only result for serious injuries under the above statute. According to Ortiz v. Ash, once a serious injury is shown, the plaintiff must prove that the injuries she sustained are causally related to the accident claimed. Only after these requirements have been satisfied, a plaintiff can sue for non-economic loss, such as pain and suffering.

In a more recent decision, the Court of Appeals set straight the body of law governing requirements of proof in “serious injury” threshold cases. The court held that 1) there is no requirement that a plaintiff show contemporaneous range of motion testing following an accident and injury, and 2) where doctors disagree on issues of causation, such issues must be left for the jury to determine.         

In essence, the court rationalized that potential plaintiffs seeking recovery for injuries should not be penalized because their treating doctor did not perform a range of motion test, but rather focused on treating the injuries.

The court also held that a treating physician’s statement that the plaintiff had no prior similar injuries or symptoms and that the injuries were causally related to the accident was sufficient to raise a triable issue of fact on the issue of causation, meaning that the case can move on to hear the plaintiff’s claim.

The courts constantly add to their "case law" with each ruling, thus creating a precedent that they can follow. Many of the definitions regarding serious injuries found in the Insurance Law statute are further defined in the court’s case law. It is essential to have a knowledgeable and experienced attorney who can properly represent you in these matters.

At Foley Griffin, LLP, our attorneys represent clients in a multitude of areas of law, including car accidents. If you require assistance with a legal issue, please contact our office located in 666 Old Country Road, Suite 305, Garden City, NY11530, or call us toll free at 1-800-991-2773.

Soft tissue injuries


We are often asked by our clients if they have a “good case.”   Our response generally involves three components; (1.) Whose fault is the accident?; (2.) Did the other driver have adequate insurance, or the client have sufficient underinsurance; (3.) Do the injuries meet the threshold.   I would like to focus on the third component of a good case, namely “threshold.”  New York State law has set forth nine (9) different categories of cases that qualify as a serious injury that would allow a person to successfully pursue a personal injury lawsuit.  One of the categories is easy, that is you suffer a fracture.  So, if you are in an accident and suffer a fracture, your injury qualifies as a “serious injury”under the law.  The more difficult cases are those involving a soft tissue injury.  In these cases, there must be causal connection between the injury and the accident, a diagnostic test confirming the injury, and some impact upon a person’s life. This means that if you have a soft tissue injury and go back to your usual daily activities right away, the chances of having a successful personal injury case are reduced.  Usually the best indicator of a good soft tissue case is the significance of the injury on a person’s life after a period of time  has passed.

June 5, 2013

Crosswalks Are Not Havens

A medical study of injured pedestrians and cyclists in the city was recently conducted by a team of trauma surgeons, emergency physicians and researchers from NYU Langone Medical Center.

Among their findings, they found 1) being overweight may be a factor that protects New Yorkers from serious injury, 2) that taxicabs pose a large threat to cyclists, who often compete for the same small curbside area, and 3) that cyclists and pedestrians hit by cars are most often struck while in the crosswalk, with the signal on their side.

From December 2008 to June 2011, the group studied more than 1,400 pedestrians and cyclists treated at Bellevue Hospital Center after collisions, mostly occurring in Manhattan and western Brooklyn. Focusing on the patients, data was collected through victim self-reporting, medical records, and accounts from witnesses and first responders.
   
One of the findings was that excessive weight may be helpful for pedestrians in a collision. Dr. Frangos noted that generally, overweight and obese patients fared worse once admitted to a hospital, but that perhaps “that extra layer offers some protection at the time of the injury.”
   
The study also showed that the awareness level of the pedestrian or cyclist may have been compromised in some cases due to alcohol consumption or the use of an electronic device like a cellphone. It was also noted that the time of day mattered. The majority of cyclists were hit between noon and 3 p.m. and after 6 p.m., reflecting times when food deliveries are most often made. Most pedestrians were hit by automobiles on weekdays between 9 a.m. and 6 p.m.

One of the more significant findings showed that a large amount of riders and pedestrians were struck by taxis. Taxis hit cyclists more often then pedestrians.

The study has some shortcomings in that it does not include those who were killed at the scene of the accident. However, the most chilling take-away from the report is that there is no area that is entirely safe. Nearly half of those injured on the street were using a crosswalk, with the signal. The remainder of those injured were crossing at midblock, crossing against the signal, or were involved in less frequent circumstances, like travelers being hit while getting into or out of a vehicle.

The study could help inform transportation planning in the city. Administration officials try to reduce the types of injuries sustained in these cases. After observing the report, officials said it reinforced many of their own findings, including the need for bike lanes, pedestrian plazas and other traffic-calming measures.

At Foley Griffin, LLP, our attorneys represent clients in a multitude of areas of law, including car accidents involving pedestrians and cyclists. If you require assistance with a legal issue, please contact our office located in 666 Old Country Road, Suite 305, Garden City, NY11530, or call us toll free at 1-800-991-2773. 

March 29, 2013

Accidents involving police vehicles


A different standard of negligence is applied in accidents involving police vehicles.  If a police vehicle, involved in emergency operation, is involved in an accident, the officer will only be found responsible if they exhibit a reckless disregard for the safety of others. The main case on this rule is Criscione v. City of New York (97 NY2d 152 [2001]).  Criscione involved a collision between a police cruiser and a civilian vehicle that occurred after the officers in the cruiser had received a radio dispatch to respond to a 911 call of a domestic dispute, which was neither considered criminal in nature, nor classified by the police radio code transmitted to the cruiser as an emergency.
In Criscione, the Court of Appeals held that the police cruiser involved was an "authorized emergency vehicle,"  and that it was engaged in an "emergency operation" because it was "responding to…[a] police call" 

March 27, 2013

Premise Accidents And Liability In New York


Nassau and Suffolk County personal injury attorney Thomas Foley, of the Foley Griffin law firm, discusses accidents happening in public premises in New York, and how the owners might be liable for their negligence.

Stores, construction sites, and other premises can be held liable for any accidents that occur, more so if negligence or improper maintenance can be proven. You could have a case even if the accident happened on the sidewalk, and not necessarily inside the building. Gathering proof of the negligence quickly (before the premises are restored), is imperative.

Fire Truck Ambulance Accidents In Nassau And Suffolk County


New York personal injury attorney Thomas J. Foley, of the Foley Griffin law firm, discusses accidents involving municipal vehicles, and accidents involving fire trucks and ambulances in Nassau-Suffolk.

Filing a claim against a local city or county is not like pursuing a lawsuit against a private party. There are specific rules and procedures to follow before you can even begin starting the process. For example, you need to file a notice of claim with the municipality so it can consent to the lawsuit.

March 26, 2013

Man Killed in One-Car Crash


Suffolk County Police Fifth Squad detectives are investigating a one-car crash that killed a Bohemia man. 

The 47 year old male was driving a 2001 Chevrolet Tahoe on Lakeland Avenue when the vehicle left the roadway just north of Church Street in Bohemia.  The vehicle traveled onto a residential property, struck a fence, a parked car and trees. The victim was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue where he was pronounced dead a short time later.

Delivery Truck Accidents In Nassau And Suffolk County


New York personal injury attorney Thomas Foley, of the Foley Griffin law firm, discusses delivery vehicle accidents in Nassau and Suffolk County.

A truck that is improperly loaded or overloaded with weight can cause serious and fatal accidents. If you have been injured in such a commercial vehicle collision you have rights. Our Nassau County NY Personal Injury attorneys understand your needs and how to get you the rewards you deserve.

Bus Accidents In Nassau and Suffolk County

Nassau and Suffolk County personal injury attorney Thomas J. Foley, of the Foley Griffin law firm, talks about bus accidents in New York.

Public transportation is useful — it provides a way for us to get places, without the cost of owning a car, or having to know how to drive. These larger vehicles, however, require special licenses and training to drive them. Bus drivers must be properly trained before the company lets them drive. When an insufficiently trained bus driver causes injury to someone, this is negligence, and the bus company might be liable. Often, bus accidents are more severe than car accidents.

March 23, 2013

Notice Of Claim In Nassau-Suffolk


Nassau-Suffolk personal injury attorney Thomas Foley, of the Foley Griffin law firm, talks about filing a notice of claim in New York, and how the process can speed up a small claims court case.

Improper Road Maintenance Accidents In Nassau-Suffolk


Long Island personal injury attorney Thomas Foley, of the Foley Griffin law firm, talks about improper road maintenance -- and how it can lead to an accident. He discusses improper road maintenance cases in New York.

Roads are important — we walk and drive down them, and they help control traffic on the streets. Properly maintaining them is crucial, if we want our streets to be safe. When roads aren’t properly maintained, it can lead to disaster. Bumped, cracked, and slippery roads can cause accidents; even fatal ones.

March 22, 2013

Improper And Negligent Security In New York


New York personal injury attorney Thomas Foley, of the Foley Griffin law firm, talks about improper and negligent security -- and how, should accident or theft occur, you could have a case.

March 21, 2013

Icy Slip And Fall Accidents In Nassau-Suffolk


Nassau-Suffolk personal injury attorney Thomas J. Foley, of the Foley Griffin law firm, talks about accidents caused by the improper removal of snow and ice in New York.

During the winter months, pedestrians must take additional precautions when walking the streets of New York City. Wearing the proper footwear and keeping watch for potentially dangerous black ice are steps we can all take to avoid a slip and fall accident. However, there are times where an unavoidable accident may happen. If your fall is due to a property owner’s negligence, you may have a potential claim against that property owner.

March 11, 2013

Officials: Teen killed as car jumps curb in Queens


A 16-year-old boy from Queens was fatally struck on a sidewalk near LaGuardia Community College in Long Island City, after a minivan jumped a curb in a three-car accident that also left four other pedestrians injured, officials said.
The boy,  of 58th Avenue, Maspeth, was taken to Elmhurst Hospital Center, where he was pronounced dead, police said.
The four injured were LaGuardia college students, officials said.

A preliminary investigation indicates a 2002 Dodge Caravan traveling east on Thomson Avenue "apparently lost control and mounted the sidewalk striking five pedestrians," the NYPD's 108th Precinct said in a statement.
The accident took place  at the intersection of Thomson Avenue and 30th Street near the college. The driver of the vehicle was issued a summons for driving without insurance, said an NYPD spokesman.

Man Killed in Single-Car Crash


Suffolk County Police First Squad detectives are investigating a single-car crash that killed a Melville man in East FarmingdaleA 20 year old male of 27 Treeview Drive, Melville, was driving a 2004 Infiniti eastbound on Conklin Street, east of New Highway  when his vehicle veered off the road and struck a fence. He was was transported to Nassau University Medical Center where he was pronounced dead.

January 14, 2013

Bohemia Man Killed in Motor Vehicle Crash


Suffolk County Police Seventh Squad detectives are investigating a motor vehicle crash that killed a Bohemia man.

A 39 year old male was driving a 2004 Chevrolet Impala northbound on Yaphank-Middle Island Road in Yaphank when the vehicle struck a telephone pole and came to rest in a wooded area.

The driver was working for Longwood School District Security at the time of the crash. He was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. The vehicle has been impounded for a safety check.

January 10, 2013

Freeport man dies after being hit by car


An 85-year-old man who was struck by a car as he crossed Atlantic Avenue near West End Avenue in Freeport has died from his injuries, Nassau County police said. The victim died several hours after being hit, at Nassau University Medical Center in East Meadow.
Police said they could find no apparent criminality in the accident.

Pedestrian Critically Injured in Hit and Run Crash


Suffolk County Police Third Squad detectives are investigating a hit and run crash in West Islip that left a teenage male critically injured. 

Police responded to a report that a pedestrian was hit by a car and was lying in the road on Udall Avenue. When police arrived, they found that the male victim was unconscious. Witnesses at the scene reported seeing a light blue car traveling northbound on Udall Road and then turning westbound on Alinda Avenue. The vehicle is believed to have damage to both the driver’s side headlight assembly and the driver’s side side-view mirror.

The victim was transported to Good Samaritan Hospital Medical Center in West Islip where he is in critical condition.

Man Killed, Another Man Injured When Vehicle Crashes into House


Suffolk County Police First Squad detectives are investigating a motor vehicle crash into a house that killed a North Amityville man and seriously injured his passenger.

A 20 year old male was driving his 1997 Pontiac Bonneville southbound on Great Neck Road when he lost control of his vehicle and drove off the road and into the corner of a vacant house and then crashed into an occupied residence located at 3307 Great Neck Road.

The driver, of Beta Drive, North Amityville was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. A passenger was airlifted to Stony Brook University Hospital where he is in serious condition. One of the residents in the house was taken to Good Samaritan Hospital Medical Center in West Islip for minor injuries.

The vehicle has been impounded for a safety check. A building inspector from the Town of Babylon is responding to the scene to inspect both houses.

December 10, 2012

Motorcyclist Killed in Motor Vehicle Crash


Suffolk County Police First Squad detectives are investigating a motor vehicle crash that killed a motorcyclist in North Babylon

The 28 year old male  was operating his 2006 Suzuki motorcycle eastbound on Sunrise Highway, at a high rate of speed, when he attempted to change lanes. His motorcycle struck the rear of a 2003 International flatbed tow truck, and the motorcyclist was ejected  onto the roadway. He was then run over by an eastbound vehicle whose driver did not stop.

The victim, of Glenmore Avenue, Brentwood, was transported to Good Samaritan Hospital Medical Center in West Islip where he was pronounced dead. The driver of the flatbed, a 54 year old male of Newham Avenue, Brentwood, was not injured in the crash.

The motorcycle was impounded for safety checks, and the tow truck was examined at the scene by the Suffolk County Police Motor Carrier Safety Unit.

Pedestrian Seriously Injured in Motor Vehicle Crash


Suffolk County Police Fifth Squad Detectives are investigating a motor vehicle crash that seriously injured a woman in North Patchogue

A 33 year old male, of North Patchogue, was driving a 2001 Honda Civic north on North Ocean Avenue when he struck a pedestrian near Shaber Road

The pedestrian, a 29 year old female,  was transported by North Patchogue Ambulance to Brookhaven Memorial Hospital where she is listed in serious condition.  

December 3, 2012

Teen Seriously Injured in Central Islip Crash


Suffolk County Police Third Squad detectives are investigating a crash that seriously injured a teen in Central Islip.

A 15-year-old male was driving a 1998 Honda when he attempted to make a left turn from Brier Street to southbound Route 111 and his vehicle collided with a National Grid truck traveling northbound on Route 111.  The Honda also collided with a 1998 Mazda, driven by a 32-year-old male.

The 15-year-old male was airlifted by Suffolk County Police Helicopter to Stony Brook University Hospital where he is listed in serious condition. The 34-year-old male driver of the National Grid truck was not injured. Three passengers in the Mazda and one passenger in the Honda were treated for minor injuries and released from Southside Hospital in Bay Shore.

October 25, 2012

Unidentified Pedestrian Killed in Motor Vehicle Crash


Suffolk County Police First Squad detectives are investigating a motor vehicle crash that killed a pedestrian in Copiague.

A 33 year old woman was travelling eastbound in the left lane of Sunrise Highway at Albany Avenue when her vehicle, a 2011 Honda Odyssey, struck a pedestrian who crossed in front of her. 

The pedestrian, an unidentified black female in her late 40s to early 50s, was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.

The driver, of Donna Place in East Islip, was transported to Good Samaritan Medical Center in West Islip with minor injuries.

October 22, 2012

Pedestrian in Critical Condition After Being Struck by Car


Suffolk County Police Fifth Squad detectives are investigating a motor vehicle crash that left a Virginia man in critical condition in Bohemia
The man was attempting to cross Veterans Memorial Highway from the north side of the road to the south side at Artic Avenue when he was struck by a 2004 Honda Civic. The driver of the Civic was driving eastbound on Veterans Memorial Highway when he struck the man. The victim was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue where he was in serious condition.  

October 15, 2012

Man Arrested, Pedestrian Killed in Hit and Run Crash


Suffolk County Police arrested a man in connection with a hit and run crash that killed a pedestrian on Route 347 in Hauppauge

The victim  was walking eastbound on Route 347, west of South Plaisted Avenue, when he was struck by a 2006 Honda. The 23 year old victim,  of Nesconset, was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.  The driver left the scene of the crash, and was arrested a short time later.

Man Dies in Single-Car Crash


Suffolk County Police Second Squad detectives are investigating a single-car crash that killed the driver in Melville

A man was driving a 2000 Nissan Altima east on the Long Island Expressway when his vehicle left the roadway, east of Route 110, struck a light pole and proceeded into a wooded area on Express Drive South. The vehicle caught fire and became fully engulfed. The driver, who has not been positively identified, was pronounced dead by a physician assistant from the Office of the Suffolk County Medical Examiner.

Pedestrian Killed in Hit-and-Run Crash


Suffolk County Police First Squad detectives are investigating a hit-and-run crash that killed a pedestrian in West Babylon.   
A passing motorist observed a woman leaning against the center median on westbound Sunrise Highway, 500 feet west of Jerome Avenue. The driver turned around and returned to check on the woman’s welfare and at that point, other motorists had stopped. The woman, of  200 Farmers Ave., North Lindenhurst, was lying in the left lane, dead.  She was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.  
Detectives believe the woman was struck by a vehicle that fled the scene. There are no known witnesses to this incident nor is there any information regarding the type of vehicle that struck the woman.  

September 27, 2012

Schools and Negligent Supervision


Hunter Geywits, an Infant, by His Mother and Guardian, AMY Geywits, et al., Respondents v. Charlotte Valley Central School District, Appellant, et al., Defendant., (Action No. 1.), 513537

Appellate Division, Third Department: September 27, 2012
MEMORANDUM AND ORDER
Appeals from four orders of the Supreme Court (Becker, J.), entered September 27, 2011 in Delaware County, which denied motions by defendant Charlotte Valley Central School District for summary judgment dismissing the complaints against it.
WILLIAM E. MCCARTHY, J.
In the fall of 2005, the infant plaintiffs were first grade students attending Charlotte Valley School, the sole school building for all students, prekindergarten through twelfth grade, in defendant Charlotte Valley Central School District (hereinafter defendant). Defendant James R. Quigley was a sophomore attending the school. Plaintiffs commenced these four separate actions sounding in negligent supervision against defendant based on allegations that on at least three occasions between September and November 2005, while the infant plaintiffs were walking unattended from the cafeteria to their classrooms after breakfast, Quigley asked them to accompany him into a bathroom stall and to pull down their pants, and he exposed himself and touched their private parts. Defendant separately moved for summary judgment in each action, conceding that plaintiffs had an expert who would create a question of fact regarding the adequacy of the level of supervision, but contending that defendant was entitled to dismissal of the complaints because it had no prior notice and the record lacked proof that one of the infant plaintiffs was abused. Supreme Court denied defendant's motions. Defendant appeals.
 Defendant was entitled to summary judgment because it had no notice of prior similar conduct. Schools have a duty to adequately supervise students in their care and may "be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v. City of New York, 84 NY2d 44, 49 [1994]). The Court of Appeals has held that criminal intervention of a third party against a student may "be a 'reasonably foreseeable' consequence of circumstances created by" a school district's lack of supervision (Bell v. Board of Education of City of N.Y., 90 NY2d 944, 946 [1997], quoting Kush v. City of Buffalo, 59 NY2d 26, 33 [1983]). More recently, however, the Court of Appeals has reaffirmed the principle that a school will generally not be held liable for the unanticipated acts of a third party toward a student unless the school had "actual or constructive notice of prior similar conduct," such that the school could have reasonably anticipated the acts of the third party (Brandy B. v. Eden Cent. School Dist., 15 NY3d 297, 302 [2010]). Because defendant's actions were not the direct cause of the infant plaintiffs' injuries, the question on the proximate cause issue is whether Quigley's conduct was unforeseeable such that it could constitute an intervening act that breaks the causal connection between the alleged lack of supervision and the injuries sustained (see Mirand v. City of New York, 84 NY2d at 50).1
Here, defendant submitted proof that Quigley was a good student, had no significant or recent disciplinary history, and had no prior instances of sexually inappropriate or physical contact. The principal averred that he was unaware of any prior violent acts within the school building. No one had ever complained of any sexual activity or physical assaults in any bathroom in the building, nor had any of the students who are parties here been involved in any prior incidents of sexual misconduct. Plaintiffs concede that there is no proof of actual notice of prior similar conduct. They argue that defendant was on constructive notice because the abuse allegedly happened three times over the course of several months, three of the boys came back late from breakfast two or three times during that time period, the bathroom did not have an exterior door, and the bathroom was located in the main hallway, next to the superintendent's and principal's offices. These circumstances did not create constructive notice that the abuse was occurring. Students of all grades, as well as staff, were allowed to use this bathroom. The principal testified that he used that bathroom himself, as it was the one closest to his office, and he never had to deal with any problems in that bathroom. The students were generally sent from the cafeteria to their classrooms in a group, not alone. A school is not on notice that children are being abused merely because they returned late to class on two or three occasions, especially when they explained their lateness by saying that the group of them stopped at the bathroom (compare Garcia v. City of New York, 222 AD2d 192, 195 [1996], lv denied 89 NY2d 808 [1997] [finding question of fact as to liability where, among other things, school violated rule requiring teachers to have a buddy accompany young students to the bathroom]). The abuse allegedly took place inside a private stall within the bathroom and it apparently lasted for only a few minutes on each occasion (compare Bell v. Board of Education of City of N.Y., 90 NY2d at 946-947; Armellino v. Thomase, 72 AD3d 849, 850 [2010]; Doe v. Fulton School Dist., 35 AD3d 1194, 1194-1195 [2006]).
 Contrary to the dissent, we do not read Brandy B. v. Eden Cent. School Dist. (supra) and other precedent from the Court of Appeals as narrowly restricting the appropriate rule to circumstances where the injury-producing conduct was impulsive, such as fellow students knocking into one another or throwing objects (see e.g. Diana G. v. Our Lady Queen of Martyrs School, 95 AD3d 944, 944 [2012]; Convey v. City of Rye School Dist., 271 AD2d 154, 159 [2000]). Even if conduct was planned by a third party, it can still be unanticipated from the perspective of a school district so as to constitute an intervening act breaking the causal connection despite a question of fact regarding the adequacy of supervision (see Brandy B. v. Eden Cent. School Dist., 15 NY3d at 302). Although the record contains a question of fact regarding whether defendant provided a sufficient level of supervision to some of its students, defendant was entitled to summary judgment because defendant had no notice that the illegal actions of a third party, i.e., Quigley, could reasonably have been anticipated, rendering the abuse unforeseeable (see Brandy B. v. Eden Cent. School Dist., 15 NY3d at 302-303; but see Kim L. v. Port Jervis City School Dist., 77 AD3d 627, 630 [2010]; Garcia v. City of New York, 222 AD2d at 195-196).
Even if there was sufficient notice to defendant, the record lacks proof that plaintiff Hunter Geywits was sexually assaulted. Shortly after the situation was revealed, Geywits told his mother, the principal and the police that nothing happened. He testified similarly at his deposition and a hearing pursuant to General Municipal Law §50-h. None of the other infant plaintiffs identified Geywits as having been touched by Quigley. An expert psychologist who examined Geywits at plaintiffs' request could not conclude that he was sexually abused. Thus, the complaint filed by Geywits and his mother must also be dismissed based on the total lack of proof that Quigley sexually abused or assaulted him.
Mercure, J.P., Rose and Lahtinen, JJ., concur.
1. We agree with the dissent's assertion that the rule discussed in Brandy B. does not insulate school districts from liability in all cases where an injury caused by a third party is the reasonably foreseeable result of circumstances created by the district's lack of supervision. The question here is whether the infant plaintiffs' injuries were reasonably foreseeable.
 Stein, J. (concurring in part and dissenting in part).
 While I agree with the majority that the action filed by plaintiff Hunter Geywits and his mother should be dismissed based upon a lack of evidence that he was sexually assaulted, I would permit the negligent supervision claims of the remaining infant plaintiffs against defendant Charlotte Valley Central School District (hereinafter defendant) to go forward. In my view, the majority's decision to dismiss the complaint as to all of the plaintiffs is based on a misapprehension of the current state of the law regarding school liability for the acts of third parties.
As noted by the majority, it is the well-settled rule that "schools have a duty to adequately supervise their students, and 'will be held liable for foreseeable injuries proximately related to the absence of adequate supervision'" (Brandy B. v. Eden Cent. School Dist., 15 NY3d 297, 302 [2010], quoting Mirand v. City of New York, 84 NY2d 44, 49 [1994]; see Lawes v. Board of Educ. of City of N.Y., 16 NY2d 302, 306 [1965]; Decker v. Dundee Cent. School Dist., 4 NY2d 462, 464 [1958]). Liability will be established where the school fails to supervise its students with the same degree of care as a parent of ordinary prudence in comparable circumstances and such negligent supervision was the proximate cause of the plaintiff's foreseeable injuries (see Brandy B. v. Eden Cent. School Dist., 15 NY3d at 302; Mirand v. City of New York, 84 NY2d at 49). However, it is equally well recognized that school personnel cannot reasonably be expected to guard against every sudden or spontaneous act that occurs between students on a daily basis (see Mirand v. City of New York, 84 NY2d at 49; Lawes v. Board of Educ. of City of N.Y., 16 NY2d at 306; Armellino v. Thomase, 72 AD3d 849, 850 [2010]). Therefore, the Court of Appeals articulated long ago, and recently reiterated, the principle that a school district may generally avoid liability for the unanticipated acts of a third party in the absence of "actual or constructive notice of prior similar conduct" (Brandy B. v. Eden Cent. School Dist., 15 NY3d at 302; see Mirand v. City of New York, 84 NY2d at 49; Bertola v. Board of Educ. of City of N.Y., 1 AD2d 973 [1956]).
Based upon the foregoing, I agree that the question here is whether plaintiffs' injuries were reasonably foreseeable. In my view, however, the rule requiring notice may be applied to insulate a school district from liability, as a matter of law, only in those cases where the adequacy of the supervision with respect to the plaintiff is not in question, such as where the injury results from the truly unforeseeable impulsive acts of third parties (see e.g. Diana G. v. Our Lady Queen of Martyrs School, 95 AD3d 944, 944 [2012] [student knocked to the ground during game of tag; lack of supervision was not proximate cause of injury]; Benavides v. Uniondale Union Free School Dist., 95 AD3d 809 [2012] [the plaintiff pushed down slide during recess; level of supervision was not a proximate cause of accident]; Jake F. v. Plainview-Old Bethpage Cent. School Dist., 94 AD3d 804, 805-806 [2012] [high school student assaulted by fellow student]; Espino v. New York City Bd. of Educ., 80 AD3d 496, 496-497 [2011], lv denied 17 NY3d 709 [2011] [sudden, spontaneous attack on high school student could not have been prevented by more supervision]).1 I do not believe that the Court of Appeals intended in Brandy B. v. Eden Cent. School Dist. (supra) to insulate schools from liability in all cases — no matter how inadequate the supervision — for an injury caused by a third party which is the reasonably foreseeable result of circumstances created by the school's inaction, despite the absence of actual or constructive notice of prior similar conduct (see Bell v. Board of Educ. of City of N.Y., 90 NY2d 944, 946-947 [1997]; Armellino v. Thomase, 72 AD3d at 850; Doe v. Fulton School Dist., 35 AD3d 1194, 1195 [2006]; Garcia v. City of New York, 222 AD2d 192, 195 [1996], lv denied 89 NY2d 808 [1997]).
 Nor do I believe that there has been any change in the legal principle that the issue of whether the level of supervision provided by a school is adequate and reasonable — and, if not, whether the school's negligence is the proximate cause of the plaintiff's injuries — is almost always a question of fact (see Doe v. Board of Educ. of Morris Cent. School, 9 AD3d 588, 590 [2004]; Garcia v. City of New York, 222 AD2d at 194).2 Such determinations are guided by the circumstances of each case including, as particularly relevant here, the age of the children and the nature of the injurious act involved (see Espino v. New York City Bd. of Educ., 80 AD3d at 496; Garcia v. City of New York, 222 AD2d at 194).
 Here, the facts are not disputed. Six-year-old children were regularly permitted to walk from the school cafeteria to their classroom unattended. Even if they were generally sent in a group, there is no indication in the record of any policy or practice of ensuring that they remained in the group and did not, for example, take a detour to the bathroom en route. The hallways and the restroom in which the alleged assaults occurred were also used by secondary students, including defendant James R. Quigley who, at the time of the events, was a high school sophomore. In my view, while it would certainly be reasonable to allow high school students to traverse the hallways and go to the restroom unaccompanied, it cannot be said as a matter of law, that defendant acted as a reasonably prudent parent would when it allowed these six-year-old children to do so (see Garcia v. City of New York, 222 AD2d at 196-197) and Quigley's conduct was not an "impulsive, unanticipated act that could not reasonably have been anticipated" and prevented with appropriate supervision (Diana G. v. Our Lady Queen of Martyrs School, 95 AD3d at 945; compare Decker v. Dundee Cent. School Dist., 4 NY2d at 465; Convey v. City of Rye School Dist., 271 AD2d 154, 159 [2000]). Rather, as alleged by plaintiffs, this case involves ongoing conduct that occurred three times over the course of several months (see Doe v. Board of Educ. of Morris Cent. School, 9 AD3d at 591). Under these circumstances, a jury might "reasonably infer that, had there been adequate supervision…the danger would have come to the attention of some person in authority, and steps taken to prevent its repetition" (Decker v. Dundee Cent. School Dist., 4 NY2d at 464; see Doe v. Board of Educ. of Morris Cent. School, 9 AD3d at 591; Garcia v. City of New York, 222 AD2d at 197) or may not have materialized at all.
Based on the foregoing, I would find that questions of fact exist as to whether defendant breached its duty to provide adequate supervision and, if so, whether such breach was the proximate cause of the injuries alleged by all plaintiffs except Geywitz and would affirm Supreme Court's denial of defendant's motion for summary judgment as to such plaintiffs.
 ORDERED that the orders are reversed, on the law, without costs, motions granted, summary judgment awarded to defendant Charlotte Valley Central School District, and complaints dismissed against it.
1. Even in Brandy B., the issue was not whether there was adequate supervision, generally, on the school bus on which the acts occurred, but whether the school had sufficient knowledge of the assaulting student's propensity to act inappropriately so as to require it to take steps to prevent him from doing so.
2. Indeed, as the majority notes here, defendant concedes that a question of fact exists regarding the adequacy of the supervision provided.



September 26, 2012

Massapequa Man Killed in Three-Vehicle Crash


Suffolk County Police First Squad detectives are investigating a three-car-crash that killed a 51-year-old Massapequa man. 

A 49 year old male, of North Lindenhurst,  was driving a 2004 Chevy Impala southbound on Lamar Street when he attempted to make a left turn onto eastbound Edison Avenue.  The Impala struck the passenger side of a 2002 Toyota Avalon that was traveling westbound on Edison Avenue.  The Avalon, driven by a 51 year old male, of 4 McKinley Place, Massapequa, spun into eastbound traffic on Edison Avenue where it was then struck on the driver’s side by a 2000 Dodge Intrepid.

The Avalon driver was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. The Impala driver was transported to Good Samaritan Medical Center in West Islip, where he was being treated for neck pain.  The driver of the Intrepid  and his passenger were transported to Nassau University Medical Center where they were being treated for non-life-threatening injuries.

September 23, 2012

High School Student Critically Injured in West Babylon Crash


Suffolk County Police First Squad detectives are investigating a motor vehicle crash that critically injured a high school student in West Babylon.

The 17 year old male, a senior at West Babylon High School, was walking across from the school eastbound on Great East Neck Road when he was struck by a 2008 Honda Civic traveling southbound.

The victim, of 104 Broadway, West Babylon, was transported to Good Samaritan Hospital Medical Center in West Islip, in critical condition with head injuries. The Civic driver, of 11 Petersen Ct., West Babylon, was also taken to Southside Hospital where he was treated and released.

Motorcyclist Killed in Shirley Crash


Suffolk County Seventh Squad detectives are investigating a motor vehicle crash that killed a motorcyclist in Shirley.

A 47 year old male, of Shirley, was driving his 1987 Mercury eastbound on Floyd Road when he attempted to make a left turn onto Essex Circle. The victim, who was operating his 2001 Suzuki motorcycle westbound on Floyd Road struck the Mercury.

The motorcyclist was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue, where he died from his injuries. 

September 10, 2012

Worker Killed at Fair After Being Struck by Ride


Suffolk County Police Homicide detectives are investigating the circumstances surrounding the death of a carnival worker that was killed after he was struck by a ride in Brentwood.   
The 22 year old male was coming off of a break from his job at The Feast of Mother Cabrini fair when he bent down and reached under the SCAT ride to grab something.  When he stood up, he was struck in the head by the ride and was knocked to the ground. 
The male, of 189 Van Buren St., Mastic, was transported to Stony Brook Hospital via Suffolk County Police helicopter where he was pronounced dead.  The ride, one of several at the fair that is being held at Suffolk County Community College, located on Crooked Hill Road, Brentwood,  had passengers at the time of the incident but they were not injured.

Mastic Man Killed in One-Car Crash


Suffolk County Police Seventh Squad detectives are investigating a single-car crash that killed a Mastic man.  
The man was driving a 1994 Infiniti northbound on William Floyd Parkway, north of Whiskey Road, in Shoreham when his vehicle left the roadway and struck two trees.   
The man, of 25 Midland Ave., was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.  

August 27, 2012

Cops probe hit-run that left bicyclist critical


Second Squad detectives are investigating a hit-and-run accident that critically injured a Huntington Station bicyclistSuffolk police said.
A police spokeswoman said the 47 year old man remains in critical condition at Huntington Hospital after he was struck by a vehicle on New York Avenue, just north of Pulaski Road in Huntington StationPolice said the man was riding north on New York Avenue when a vehicle, also traveling north, struck him.
The driver of what police think could be a light-colored sport utility vehicle then drove off, detectives said.

Pedestrian Killed in Motor Vehicle Crash


Suffolk County Police Fourth Squad detectives are investigating a motor vehicle crash that caused the death of a pedestrian in St. James

An 18 year old male  was driving his 2003 Honda Civic eastbound on Railroad Avenue when he struck a male pedestrian who was pushing a shopping cart along the shoulder of the roadway, east of First Street in St. James.

The pedestrian was transported to Stony Brook University Medical Center where he succumbed to his injuries. His name is being withheld pending confirmation of his identity and notification of family. The driver was not injured.

Huntington Station Bicyclist Critically Injured in Hit and Run Crash


Suffolk County Police Second Squad detectives are investigating a crash that critically injured a bicyclist in Huntington Station.

The 47 year old man was riding his bicycle north on New York Avenue, approximately 50 feet north of Pulaski Road when he was struck by a vehicle also traveling north on New York Avenue. The driver of the vehicle fled the scene.

The injured man  was transported via Huntington Rescue to Huntington Hospital where he was listed in critical condition.

August 9, 2012

Man Dies in Single-Car Crash


Suffolk County Police Fifth Squad detectives are investigating a single-car crash that killed a Florida man. 

The victim  was driving a 2010 Volkswagen westbound on Sunrise Highway, approximately ½ mile east of Waverly Avenue, in Patchogue when his vehicle veered off the roadway and struck a guardrail on the right shoulder. The vehicle then crossed all three lanes of traffic and struck the guardrail in the median.

The driver, of 2384 SW Caballero St., Port St. Lucie, Florida, was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue by North Patchogue Ambulance where he was pronounced dead

July 24, 2012

Pedestrian Killed in Hit-and-Run Crash


Suffolk County Police First Squad detectives are investigating a motor vehicle crash that killed a pedestrian in Copiague.

The pedestrian was crossing Sunrise Highway at Bayview Avenue in Copiague when he was struck by an unidentified vehicle driving eastbound on Sunrise Highway. The vehicle fled the scene. The victim was then struck by a 1997 Mercury Cougar, driven by a 66 year old, of West Babylon, who remained at the scene.

The victim was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.

Man, 57, killed in two-car collision

A 57-year-old man was killed when his car was struck head-on by a car driven by a 17-year-old in East Garden City, police said.
Pending notification of next of kin, Nassau County police have not released the identity of the victim, who was pronounced dead at Nassau University Medical Center in East Meadow about 90 minutes after the crash.
Three passengers in the other car were taken to a hospital for treatment.
Police said those passengers included a 22-year-old woman and two teenage boys, 15 and 16. Their conditions were not known. 
Police said the collision occurred when the 1996 Honda driven by the victim southbound on Merrick Avenue was struck head-on by a 1997 Toyota, driven northbound by the 17-year-old. 

July 15, 2012

Motorcyclist Killed in Motor Vehicle Crash


Suffolk County Police Fourth Squad detectives are investigating a motor vehicle crash that killed a motorcyclist in Smithtown. A male driving a 1990 Ford was southbound on Landing Avenue and was attempting to make a left turn onto Oakside Drive when his vehicle was struck by a northbound 2012 Honda motorcycle. The 40 year old motorcycle operator was ejected from the motorcycle and was transported to St. Catherine of Siena Medical Center in Smithtown where he was pronounced dead.  

June 12, 2012

Queens motorcyclist dies in Southern crash


State Police are investigating the death of an East Elmhurst, Queens, man whose motorcycle crashed into a tree  on the Southern State Parkway in Rockville Centre.
Police said the 28 year old  was driving west on the parkway near Peninsula Boulevard, Exit 19, when he lost control of his BMW motorcycle and struck a tree off the north shoulder.
He was taken to Mercy Medical Center in Rockville Centre where he was pronounced dead, police said

Cops: Object thrown at car, passenger hurt


Southampton Town police asked the public's help identifying a suspect who threw a piece of brick or concrete at the windshield of a passing car on Lake Avenue, in Riverside, injuring a front-seat passenger in the damaged vehicle.
Southampton detectives said the act of reckless endangerment took place  as a 2011 Toyota Camry was headed north on Lake Avenue, with a female passenger in the front seat. As a second vehicle, identified as an older green or black sport utility vehicle, approached from the opposite direction, a passenger leaned out of an open window and threw the object at the Camry.
The suspect who threw the brick or concrete was described as a young man with short blond hair.
"The item struck the windshield on the passenger's side of the vehicle, causing the glass to shatter," a Suffolk County Crime Stoppers report said. A female passenger sitting in the Camry's front seat, was injured by the shattered glass and was taken by ambulance for treatment at Peconic Bay Medical Center in Riverhead.

Man Wounded in Patchogue Shooting


Suffolk County Police Fifth Squad detectives are investigating the shooting of a man in the parking lot of a bar in Patchogue

The victim, a 24 year old male of North Bellport, had left The Pub, located at 232 East Main St., and was in the rear parking lot of the bar when he was shot in the left upper leg by an unknown person. The victim was taken by a private vehicle to Brookhaven Memorial Hospital Medical Center in East Patchogue where he is listed in stable condition.

Man Wounded in West Babylon Shooting


Suffolk County Police First Squad detectives are investigating a shooting that injured a man in West Babylon.

An 18-year-old man from West Babylon was standing in front of 25 Lodge Place when he was shot.  The victim was shot twice in the back, once in his left leg, and a bullet grazed his ear.  He was transported to Good Samaritan Hospital Medical Center in West Islip where he was treated for non-life-threatening injuries.

Motorcyclist Killed in Two-Vehicle Crash


Suffolk County Police Fifth Squad detectives are investigating a two-vehicle crash that killed a motorcyclist in East Patchogue.

A 20-year-old female from Center Moriches was operating a 1998 Ford Explorer. She was traveling eastbound in the left lane of Montauk Highway at the intersection of Sills Road when her vehicle collided with a westbound 2007 Suzuki motorcycle operated by a 41-year-old male from North Babylon.

The driver of the vehicle and the motorcyclist were both transported to Brookhaven Memorial Hospital Medical Center in East Patchogue by the North Patchogue Fire Department Rescue. The motorcyclist was pronounced dead at the hospital and the driver of the Explorer was treated for non-life-threatening injuries. The identities of the drivers are being withheld pending notification of relatives.