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KUSH v. CITY OF BUFFALO

59 N.Y.2d 26 (1983)

David Kush, an Infant, by Sally Marszalek, His Mother and Natural Guardian, et al., Respondents, v. City of Buffalo et al., Appellants.

Court of Appeals of the State of New York.

Decided May 5, 1983.

Attorney(s) appearing for the Case

Joseph P. McNamara, Corporation Counsel (Carl Tronolone and Michael Hughes of counsel), for appellants.

Robert B. Nichols and Paul William Beltz for respondents.

Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

Chief Judge COOKE.

A school that negligently fails to secure dangerous chemicals from unsupervised access by children will not be relieved of liability when an injury occurs and it is reasonably foreseeable that the chemicals might be stolen by children.

During 1972, as part of a summer youth program sponsored by the Buffalo Board of Education, two 15-year-old students were hired to assist the custodial...

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