Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered March 15, 2006 in a personal injury action. The order granted the motion of defendant Fulton School District for summary judgment dismissing the complaint against it.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint against defendant Fulton School District is reinstated.
Memorandum: Elaintiffs commenced this action to recover damages for injuries sustained by their son when he was sexually assaulted by teammates on his eighth-grade football team. The incident occurred in the locker room following a practice. Elaintiffs allege, inter alia, that the sexual assault was the result of the failure of defendant Fulton School District (District) to provide adequate supervision of the locker room.
Supreme Court erred in granting the motion of the District seeking summary judgment dismissing the complaint against it. “Schools are under a duty to adequately supervise the students in their charge and they will 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]). Contrary to the contention of the District, its own submissions raise triable issues of fact whether it discharged its duty to provide adequate supervision and whether the breach of that duty was a proximate cause of the injuries to plaintiffs’ son (see Speight v City of New York, 309 AD2d 501 [2003]). Teammates who witnessed and participated in the sexual assault testified at their depositions that there was virtually no supervision of the locker room over a 20 to 30 minute period and that the football