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C.M. v. CITY OF NY

9 Misc.3d 251 (2005)

800 N.Y.S.2d 898

C.M., Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

August 9, 2005.

Attorney(s) appearing for the Case

Toback, Hyman & Bernstein, LLP, New York City (Karyn Rodrigues of counsel), for Joel Barsky, defendant.

Michael A. Cardozo, Corporation Counsel, New York City (Tricia Reddington Testaverde of counsel), for City of New York and another, defendants.

Steven R. Harris & Associates, New York City (Joseph M. Kelley, Jr., of counsel), for plaintiff.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

These motions for summary judgment require the court to examine whether a school may be held responsible in tort to a student for an employee's off-campus intentional conduct.

Background

This case arises from an August 12, 2000 sexual encounter between the then 15-year-old plaintiff and defendant Barsky. Barsky had been plaintiff's social studies teacher at a New York City public school during...

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