P.S., Plaintiff–Respondent, v. The New York Province of the Society of Jesus, et al., Defendants–Appellants. (2024)

Order, Supreme Court, New York County (Sabrina B. Kraus, J.), entered January 5, 2024, which, insofar as appealed from as limited by the briefs, denied so much of the motion to dismiss the complaint by defendants The New York Province of the Society of Jesus, U.S.A Northeast Province of the Jesuit Fathers and Brothers, The USA Northeast Province of the Society of Jesus, Inc., and The USA East Province of the Society of Jesus, Inc. (collectively appellants) as sought dismissal as against appellants of plaintiff's causes of action for negligence, gross negligence and negligent hiring and retention, unanimously reversed, on the law, without costs, and the motion to dismiss those causes of action as against appellants granted.  The Clerk is directed to enter judgment in favor of appellants dismissing the complaint as against them.

Plaintiff alleges that in April of 1981, when he was about 17 years old, Fernand Beck, his religion teacher at Fordham Preparatory School (Fordham), was present at a party at a public park attended by plaintiff and other Fordham students.  Plaintiff further alleges that, after the party, Beck drove several students, including plaintiff, back to Beck's home, where he allegedly sexually abused plaintiff.

Plaintiff fails to state a legally sufficient cause of action for negligent hiring and retention as against appellants, the alleged operators of Fordham, because he fails to allege a nexus between Beck's employment as a teacher at Fordham and Beck's misconduct, which occurred away from the school and outside of school hours (see Doe v. Hauppauge Union Free Sch. Dist., 213 A.D.3d 809, 184 N.Y.S.3d 150 [2d Dept. 2023]).  The bare-bones complaint contains no allegation that Beck ever engaged in inappropriate behavior with plaintiff while at school (cf.  Johansmeyer v. New York City Dept. of Educ., 165 A.D.3d 634, 636, 85 N.Y.S.3d 562 [2d Dept. 2018]).

With respect to plaintiff's negligence and gross negligence claims, the alleged injury undisputedly occurred off school grounds and outside school hours, so appellants did not owe plaintiff a duty of care either as landowners to invitees (see D'Amico v. Christie, 71 N.Y.2d 76, 85, 524 N.Y.S.2d 1, 518 N.E.2d 896 [1987]) or based on the special relationship between schools and their students, which generally “does not extend beyond school premises” or past school hours (Stephenson v. City of New York, 19 N.Y.3d 1031, 1034, 954 N.Y.S.2d 782, 978 N.E.2d 1251 [2012];  see generally Pratt v. Robinson, 39 N.Y.2d 554, 560, 384 N.Y.S.2d 749, 349 N.E.2d 849 [1976]).