Victor L. James v. Gloversville Enlarged School District

This is an action to recover damages for personal injuries sustained by an infant in the schoolyard of defendants Park Terrace Elementary School in the City of Gloversville, Fulton County, during a postlunch recess period. The complaint alleges that plaintiff Victor L. James, Jr., II (hereinafter plaintiff) was "set upon, hit, kicked, pushed, struck, beaten, and thrown to the ground" by a fourth grade classmate (hereinafter the student) and predicates liability upon defendants failure to properly supervise, control, regulate and safeguard pupils within the recess area of its school. Following discovery, Supreme Court denied defendants motion for summary judgment dismissing the complaint, giving rise to this appeal.