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Michelle PATTERSON, Plaintiff–Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Defendants–Respondents.
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 NY3d 150, 158–159 [2023]; White v. Hampton Mgt. Co. L.L.C., 35 AD3d 243, 244 [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 [1st Dept 1998]).
We have considered plaintiff's remaining arguments and find them unavailing.
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Docket No: 1269
Decided: December 19, 2023
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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