Per Curiam
Bronx House appealed from a Civil Court order denying its motion for summary judgment dismissing plaintiff’s negligence complaint to recover damages for injuries the then-nine-year-old infant allegedly sustained when he was struck in the face by a chair that was pushed or “bumped” by fellow student, Nando. Nando and a third student were yelling and arguing for two to three minutes before the “ruckus” escalated and plaintiff was hit by the chair, in front of one or more of defendant’s counselors. The court noted defendant sustained its burden of establishing it had no actual or constructive notice of prior misconduct by Nando, but ruled material issues of fact regarding if defendant adequately supervised the students remained. The panel noted, on this record, it could not be said the incident happened in “so short a span of time that ‘even the most intense supervision could not have prevented it.’” It concluded a trial was required to determine if defendant’s counselors were presented with a potentially dangerous situation, yet failed to take “energetic steps to intervene” in time to prevent Nando from injuring plaintiff. The unanimous panel affirmed the ruling denying defendant’s motion for summary judgment dismissing the complaint.
