Opinion

Brown v. City of New York

  • 130 A.D.2d 701
  • 516 N.Y.S.2d 22
  • 1987 N.Y. App. Div. LEXIS 46720
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 26, 1987
Status
Published
Cited by
6 cases
Authority
More cited than 79.3%

The opinion

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Williams, J.), dated November 18, 1985, which granted the defendants’ motion at the close of the plaintiff’s evidence to dismiss the complaint on the ground that the plaintiff failed to present a prima facie case.

Ordered that the judgment is affirmed, with costs.

The plaintiff commenced an action to recover damages for injuries sustained when she was allegedly stabbed by a fellow high school student while on school premises. In order to establish a prima facie case of negligence, a party must demonstrate, inter alia, the breach of a duty owed to her by the alleged tort-feasor (see, Solomon v City of New York, 66 NY2d 1026 ). We find that the plaintiff failed to meet this burden and, therefore, the trial court properly granted the defendants’ trial motion to dismiss. The negligence alleged by the plaintiff was that the defendant Board of Education of the City of New York had actual notice of the vicious propensities of the student who stabbed her and failed to take proper measures to curb those propensities and to protect her fellow classmates therefrom. The record indicates, however, that the Board of Education could not have envisioned the need for closer supervision at the time of the stabbing and that the *702 plaintiff failed to prove any breach of a duty by the defendants (see, Glick v City of New York, 53 AD2d 528 , affd 42 NY2d 831 ). Bracken, J. P., Weinstein, Eiber and Sullivan, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.