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DINARDO v. CITY OF NEW YORK

No. 156

13 N.Y.3d 872 (2009)

2009 NY Slip Op 8853

921 N.E.2d 585

893 N.Y.S.2d 818

ZELINDA ANTOINETTE DINARDO, Respondent, v. CITY OF NEW YORK, Defendant, and BOARD OF EDUCATION OF THE CITY OF NEW YORK, Appellant.

Court of Appeals of New York.

Decided December 1, 2009.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Marta Ross and Edward F.X. Hart of counsel), for appellant.

Clark, Gagliardi & Miller, P.C., White Plains (Henry G. Miller and John S. Rand of counsel), for respondent.

Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum; Chief Judge LIPPMAN concurs in result in an opinion; Judge CIPARICK concurs in result, stating: The majority does not decide whether this is ministerial or discretionary. I think it was discretionary and therefore, under our recent decision in ( [2009]), must concur, but if I were to go to the issue of special relationship, as the majority does, I would disagree for the reasons stated in the concurrence of the Chief Judge.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

Plaintiff Zelinda Dinardo, a special education teacher at a New York City public school, was injured when she tried to restrain one student from attacking another. The student had been verbally and physically aggressive for several months, and plaintiff had repeatedly expressed concerns to her supervisors about her safety...

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