In Fotiadis v. City of New York , young Anthony Fotiadis fractured his leg when he fell off a swing.
Fotiadis disobeyed his mother by failing to attend a YWHA after-school program and went to a local park where his injury occurred.
When the Queens County Supreme Court granted a request made by YWHA and the City of New York to dismiss the case, Fotiadis appealed to the Appellate Division, Second Department.
The AD2 concluded that the YWHA was free of any liability since Fotiadis was injured outside the realm -- or "beyond the orbit" -- of YWHA's authority. While the YWHA was remiss in its failure to notify Fotiadis's mother that Anthony hadn't shown up to the program, that omission wasn't found to be the cause of the kid's injuries.
Frankly, wouldn't it have been out of this world if the AD2 had found otherwise?
To download a copy of the Appellate Division's decision, please use this link: Fotiadis v. City of New York