Opinion
05-31-2016
I.R., an Infant Under the Age of Eighteen Years Old by His Mother and Natural Guardian, Norma C., Plaintiff–Respondent, v. LEAKE AND WATTS SERVICES, INC., Defendant–Appellant, The City of New York, et al., Defendants.
Kaufman, Dolowich & Voluck, LLP, New York (Kevin J. O'Donnell of counsel), for appellant. Mallilo & Grossman, Flushing (Ann Jen of counsel), for respondent.
Kaufman, Dolowich & Voluck, LLP, New York (Kevin J. O'Donnell of counsel), for appellant.
Mallilo & Grossman, Flushing (Ann Jen of counsel), for respondent.
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered April 9, 2015, which denied defendant Leake and Watts Services, Inc.'s motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as to it. The Clerk is directed to enter judgment accordingly.
Even assuming that defendant owed a duty of adequate care to plaintiff for an assault that occurred on a school bus it neither owned nor operated (see Ernest v. Red Cr. Cent. School Dist., 93 N.Y.2d 664, 671, 695 N.Y.S.2d 531, 717 N.E.2d 690 [1999] ; David XX. v. Saint Catherine's Ctr. for Children, 267 A.D.2d 813, 815, 699 N.Y.S.2d 827 [3d Dept.1999] ), there were no issues of fact as to whether “school authorities had sufficiently specific knowledge or notice of the dangerous conduct which caused injury” (Mirand v. City of New York, 84 N.Y.2d 44, 49, 614 N.Y.S.2d 372, 637 N.E.2d 263 [1994] ). There was no evidence in the record to suggest that defendant had prior knowledge of any propensity or inclination of violence on the part of plaintiff's assailant demonstrating that the assault could have been anticipated or was foreseeable (see Hallock v. Riverhead Cent. School Dist., 53 A.D.3d 527, 861 N.Y.S.2d 753 [2d Dept.2008] ; Dia CC. v. Ithaca City School Dist., 304 A.D.2d 955, 758 N.Y.S.2d 197 [3d Dept.2003], lv. denied 100 N.Y.2d 506, 763 N.Y.S.2d 812, 795 N.E.2d 38 [2003] ; Shante D. v. City of New York, 190 A.D.2d 356, 362, 598 N.Y.S.2d 475 [1st Dept.1993], affd. 83 N.Y.2d 948, 615 N.Y.S.2d 317 [1994] ).
FRIEDMAN, J.P., RENWICK, MOSKOWITZ, RICHTER, KAPNICK, JJ., concur.