Read Brandy B. v. Eden Central Sch. Dist., 94

In an action against defendants Eden Central School District and Child and Family Services of Erie County (CFS) for damages resulting from an alleged sexual assault committed by an 11-year-old student upon a five-year-old student, summary judgment for defendants is affirmed where the alleged sexual assault was an unforeseeable act that, without sufficiently specific knowledge or notice, could not have been reasonably anticipated by the school district.

Appellate Information

• Decided 06/10/2010
• Published 06/10/2010

Judges

• JONES, J.:

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• John A. Collins, for appellant.


• For Appellees:
  
• Julie Pasquariello Apter, for respondents Eden Central School District et al., Michael J. Willett, for respondent Eden County Child and Family Services.