BAIN v. NEW YORK CITY BOARD OF EDUCATION


268 A.D.2d 451 (2000)

702 N.Y.S.2d 334

MARIE J. BAIN, Respondent, v. NEW YORK CITY BOARD OF EDUCATION, Appellant.

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

Decided January 18, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, a substitute teacher in a public school, commenced this action after she was attacked in the school by an intruder. She alleged that the defendant was negligent in failing to provide adequate security. It is well settled that the provision of security against physical attacks in schools by intruders "is a governmental function involving...

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