Summary
In Brady Co. v. Board of Educ. of City of N.Y. (222 A.D. 504) a similar clause did not prevent recovery by the plaintiff where it appeared that the defendant board of education so delayed clearing the site that the plaintiff was delayed in its work for three years.
Summary of this case from Endres Plumbing Corp. v. State of New YorkOpinion
October 25, 1993
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order and judgment is affirmed, with costs.
The plaintiff, a teacher in an intermediate school, was injured when she intervened to prevent an assault by one student upon another student. The plaintiff alleged that a security guard was posted in the hall, but failed to take action to prevent the assault. In addition, the plaintiff alleged that the school officials knew of the violent propensities of the assaultive student, and therefore they should have removed him from the school.
The Supreme Court granted the defendant's motion for summary judgment dismissing the complaint. We affirm.
The record indicates that the plaintiff had failed to plead and offer proof that the defendant, as a public entity, owed her a special duty upon which she justifiably relied to her detriment (see, Cuffy v. City of New York, 69 N.Y.2d 255). Accordingly, no basis for liability against the defendant was established (see, Corcoran v. Community School Dist. 17, 114 A.D.2d 835; Cuffy v. City of New York, supra; see also, Bloom v City of New York, 123 A.D.2d 594).
Moreover, since pupil placement is a matter of educational policy, the responsibility for which lies within the professional judgment and discretion of those charged with the administration of the public schools, the defendant cannot, under the circumstances presented here, be found negligent for allowing the allegedly assaultive student to remain in the school (see, Bisignano v. City of New York, 136 A.D.2d 671).
Since the defendant's motion for summary judgment was properly granted, the Supreme Court further correctly determined that the plaintiff's cross motion was rendered academic. Bracken, J.P., Sullivan, Eiber and Pizzuto, JJ., concur.