WELLS v. BARD COLL.


184 A.D.2d 304 (1992)

Eileen Wells, as Administratrix of The Estate of Neill M. Wells, et al., Appellants, v. Bard College et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 11, 1992


Plaintiffs' decedent, a 19 year old freshman student, died in his dormitory room after a brief illness, on September 14, 1987. The IAS Court properly determined that defendants had no obligation under either a tort or contract theory of liability to monitor the health of the decedent. New York has affirmatively rejected the doctrine of in loco parentis at the college level (Eiseman v State of New York, 70 N.Y.2d 175, 190).

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