Opinion
1269 Index No. 26881–17E Case No. 2022–04942
12-19-2023
Michelle PATTERSON, Plaintiff–Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Defendants–Respondents.
Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York (Mackenzie Fillow of counsel), for respondents.
Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for appellant.
Sylvia O. Hinds–Radix, Corporation Counsel, New York (Mackenzie Fillow of counsel), for respondents.
Singh, J.P., Friedman, Gesmer, Shulman, O'Neill Levy, JJ.
Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on November 2, 2022, which, to the extent appealed from as limited by the briefs, granted defendant New York City Department of Education's (DOE) motion for summary judgment dismissing plaintiff's claim of negligent retention and supervision as against it, unanimously affirmed, without costs.
The court correctly dismissed plaintiff's negligent supervision and retention claims because there was no evidence that DOE had any knowledge that the school volunteer, whom plaintiff alleged injured her, had a propensity to engage in the injury-causing conduct (see Moore Charitable Found. v. PJT Partners, Inc., 40 N.Y.3d 150, 158–159, 195 N.Y.S.3d 436, 217 N.E.3d 8 [2023] ; White v. Hampton Mgt. Co. L.L.C. , 35 A.D.3d 243, 244, 827 N.Y.S.2d 120 [1st Dept. 2006] ). Nor did a nexus exist between the volunteer's activities at the school and his alleged assault upon plaintiff (see generally K.I. v. New York City of Bd. of Educ. , 256 A.D.2d 189, 192, 683 N.Y.S.2d 228 [1st Dept. 1998] ).
We have considered plaintiff's remaining arguments and find them unavailing.