| Thai v Roman Catholic Church of St. Nicholas of Tolentine |
| 2006 NY Slip Op 07975 [34 AD3d 225] |
| November 2, 2006 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Tony Thai, by His Mother and Natural Guardian, Huyen Thai, et al., Respondents, v Roman Catholic Church of St. Nicholas of Tolentine, Appellant. |
—[*1]Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered April 7, 2005, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
An issue of fact exists as to whether the infant plaintiff was, at the time of his fall, in defendant church's custody and control, such that defendant owed him a duty of adequate supervision (see Pratt v Robinson, 39 NY2d 554, 560 [1976]; Ramo v Serrano, 301 AD2d 640, 641 [2003]), whether such duty was breached, and, if so, whether the infant plaintiff's injuries were foreseeable (see Mirand v City of New York, 84 NY2d 44, 49 [1994]). Concur—Tom, J.P., Mazzarelli, Andrias, Sweeny and Malone, JJ.