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QUESTIONS OF FACT RAISED ABOUT THE SCHOOL’S KNOWLEDGE OF A STUDENT’S VIOLENT PROPENSITIES AND THE SCHOOL’S ABILITY TO PREVENT THE STUDENT ON STUDENT ASSAULT, SCHOOL’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (SECOND DEPT).

The Second Department determined the defendant school’s motion for summary judgment in this student on student assault case was properly denied:

… [C]ontrary to the defendant’s assertions, it failed to demonstrate, prima facie, that the classmate’s grabbing of the infant plaintiff’s head and pushing it down into the table was not foreseeable or that the defendant’s alleged negligent supervision was not a proximate cause of the infant plaintiff’s injuries … . The defendant’s motion papers demonstrated the existence of triable issues of fact as to whether the defendant had knowledge of the offending classmate’s dangerous propensities due to his involvement in other altercations with classmates in the recent past … . Thus, the defendant failed to establish, prima facie, that it lacked sufficiently specific knowledge or notice of the dangerous conduct that caused the alleged injuries to the infant plaintiff. As to proximate cause, the defendant did not demonstrate, prima facie, that the subject incident occurred so quickly and spontaneously “that even the most intense supervision could not have prevented it” … . Rt v Three Vil. Cent. Sch. Dist., 2017 NY Slip Op 06207, Second Dept 8-16-17

NEGLIGENCE (EDUCATION-SCHOOL LAW, QUESTIONS OF FACT RAISED ABOUT THE SCHOOL’S KNOWLEDGE OF A STUDENT’S VIOLENT PROPENSITIES AND THE SCHOOL’S ABILITY TO PREVENT THE STUDENT ON STUDENT ASSAULT, SCHOOL’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (SECOND DEPT))/EDUCATION-SCHOOL LAW (NEGLIGENCE, ASSAULT, QUESTIONS OF FACT RAISED ABOUT THE SCHOOL’S KNOWLEDGE OF A STUDENT’S VIOLENT PROPENSITIES AND THE SCHOOL’S ABILITY TO PREVENT THE STUDENT ON STUDENT ASSAULT, SCHOOL’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (SECOND DEPT))/ASSAULT (STUDENT ON STUDENT, NEGLIGENCE, QUESTIONS OF FACT RAISED ABOUT THE SCHOOL’S KNOWLEDGE OF A STUDENT’S VIOLENT PROPENSITIES AND THE SCHOOL’S ABILITY TO PREVENT THE STUDENT ON STUDENT ASSAULT, SCHOOL’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (SECOND DEPT))

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