From Casetext: Smarter Legal Research

Blackstock v. Board of Education

Appellate Division of the Supreme Court of New York, First Department
May 12, 2011
84 A.D.3d 524 (N.Y. App. Div. 2011)

Opinion

No. 5062.

May 12, 2011.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered October 7, 2009, which granted defendant's motion insofar as it sought summary judgment dismissing the complaint, unanimously affirmed, without costs.

Kerner Kerner, New York (Kenneth T. Kerner of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondent.

Before: Concur — Gonzalez, P.J., Tom, Acosta, Moskowitz and Freedman, JJ.


Plaintiff, a former special education speech therapist employed by defendant Board of Education, alleges that she suffered personal injuries as the result of an assault by one of her students. Plaintiff further alleges that defendant failed to, among other things, properly supervise its students.

Under these circumstances, in order to impose liability, plaintiff had to show that defendant owed her a special duty of protection ( see Bonner v. City of New York, 73 NY2d 930, 932; see also Vitale v City of New York, 60 NY2d 861, 863). Plaintiffs failure to allege or provide the factual predicate for the special relationship theory in her notice of claim or complaint is fatal to maintenance of this action ( see Rollins v New York City Bd. of Educ, 68 AD3d 540, 541). Moreover, the record shows that plaintiff could not prove all of the necessary elements of that theory ( see Cuffy v City of New York, 69 NY2d 255). Accordingly, there are no material issues of fact, and summary judgment was properly granted.

We have considered plaintiffs remaining contentions and find them unavailing.


Summaries of

Blackstock v. Board of Education

Appellate Division of the Supreme Court of New York, First Department
May 12, 2011
84 A.D.3d 524 (N.Y. App. Div. 2011)
Case details for

Blackstock v. Board of Education

Case Details

Full title:PETA-GAYE BLACKSTOCK, Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 12, 2011

Citations

84 A.D.3d 524 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 3966
921 N.Y.S.2d 858

Citing Cases

Artemiou v. City of New York

Plaintiff's failure to allege or provide the factual predicate for a special relationship theory in the…

Yuen v. Accurate Commc'n

the notice of claim or the complaint is fatal to the maintenance of this action and may not be raised, as…