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BRANDY B. v. EDEN CENT. SCHOOL

No. 94

15 N.Y.3d 297 (2010)

934 N.E.2d 304

907 N.Y.S.2d 735

BRANDY B., Individually and as Mother and Natural Guardian of BRENNA B., an Infant, Appellant, v. EDEN CENTRAL SCHOOL DISTRICT et al., Respondents, et al., Defendant. (And a Third-Party Action.)

Court of Appeals of New York.

Decided June 10, 2010.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for appellant.

Goldberg Segalla LLP, Buffalo ( Julie Pasquariello Apter of counsel), for Eden Central School District and others, respondents.

Damon Morey LLP, Buffalo ( Michael J. Willett of counsel), for Child and Family Services of Erie County, respondent.

Judges GRAFFEO, READ, SMITH and PIGOTT concur with Judge JONES; Judge CIPARICK dissents in part and votes to modify in a separate opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

JONES, J.

In this action against defendants Eden Central School District and Child and Family Services of Erie County (CFS) for damages resulting from an alleged sexual assault committed by an 11-year-old student upon a five-year-old student, the issues are whether (1) the school district had sufficiently specific knowledge or notice of the dangerous conduct which caused the injury so...

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