You are here: / / NEGLIGENT SUPERVISION CAUSE OF ACTION STEMMING FROM HARASSMENT AND BULLYING...
,

NEGLIGENT SUPERVISION CAUSE OF ACTION STEMMING FROM HARASSMENT AND BULLYING BY FELLOW STUDENTS SHOULD NOT HAVE BEEN DISMISSED.

The Third Department, reversing Supreme Court, determined infant plaintiff had raised a question of fact whether the school was liable for negligent supervision stemming from harassment and bullying by fellow students. The Third Department further determined the Dignity for All Students Act (Education Law section 10) does not create a private right of action. With respect to negligent supervision, the court wrote:

“Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision” … . “In that regard, a school district is held to the same degree of care as would a reasonably prudent parent placed in comparable circumstances” … . “In determining whether the duty to provide adequate supervision has been breached in the context of injuries caused by the acts of fellow students, it must be established that school authorities had sufficiently specific knowledge or notice of the dangerous conduct which caused injury; that is, that the third-party acts could reasonably have been anticipated” … . Furthermore, the injuries sustained by a plaintiff must be proximately caused by the school’s breach of its duty to provide adequate supervision … . Such issues regarding adequate supervision and proximate cause are generally questions left to the trier of fact to resolve … . Motta v Eldred Cent. Sch. Dist., 2016 NY Slip Op 05424, 3rd Dept 7-7-16

NEGLIGENCE (NEGLIGENT SUPERVISION CAUSE OF ACTION STEMMING FROM HARASSMENT AND BULLYING BY FELLOW STUDENTS SHOULD NOT HAVE BEEN DISMISSED)/EDUCATION-SCHOOL LAW (NEGLIGENT SUPERVISION CAUSE OF ACTION STEMMING FROM HARASSMENT AND BULLYING BY FELLOW STUDENTS SHOULD NOT HAVE BEEN DISMISSED)/BULLYING (NEGLIGENT SUPERVISION CAUSE OF ACTION STEMMING FROM HARASSMENT AND BULLYING BY FELLOW STUDENTS SHOULD NOT HAVE BEEN DISMISSED)/NEGLIGENT SUPERVISION (EDUCATION-SCHOOL LAW, NEGLIGENT SUPERVISION CAUSE OF ACTION STEMMING FROM HARASSMENT AND BULLYING BY FELLOW STUDENTS SHOULD NOT HAVE BEEN DISMISSED)

You might also like
UNEMPLOYMENT INSURANCE EXPERIENCE RATINGS PROPERLY TRANSFERRED TO NEW BUSINESS ENTITIES DOING THE SAME WORK, EMPLOYING SOME OF THE SAME PEOPLE, AND OPERATING FROM THE SAME ADDRESS.
UNDER THE STIPULATED FACTS, THE DEFENDANT’S TRAGIC ERROR, MISTAKING THE VICTIM FOR A DEER, DID NOT RISE TO THE LEVEL OF CRIMINAL NEGLIGENCE, NEGLIGENT HOMICIDE CONVICTION REVERSED (THIRD DEPT).
DEFENDANT WAS NOT FULLY INFORMED OF THE RIGHTS HE WAS GIVING UP BY PLEADING GUILTY, CONVICTION REVERSED IN THE INTEREST OF JUSTICE (THIRD DEPT).
No Determinate Sentences for Youthful Offenders 
Waiver of Indictment and Guilty Plea Invalid—Superior Court Information Charged a Greater Offense than that Charged in the Original Misdemeanor Information
People Failed to Demonstrate Seizure of Heroin from Defendant’s Impounded Vehicle Was Pursuant to a Standard Inventory Search—Heroin Should Have Been Suppressed
PEOPLE DEMONSTRATED, IN A RODRIGUEZ HEARING, THE IDENTIFICATION OF DEFENDANT WAS CONFIRMATORY; WADE HEARING NOT NECESSARY.
“Technical Irregularities” Did Not Preclude Allowing Opportunity to Ballot

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

IN A REAR-END COLLISION, INNOCENT PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON... FIREFIGHTER’S INJURY FROM TOXIC FUMES UNRELATED TO A FIRE CONSTITUTED...