STEPHENSON v. CITY OF NEW YORK

4326, 15580/04.

85 A.D.3d 523 (2011)

925 N.Y.S.2d 71

2011 NY Slip Op 5178

JAYVAUN STEPHENSON et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided June 16, 2011.


The issue before us is whether defendants, who are deemed to have had prior notice of an assault on the almost 14-year-old plaintiff Jayvaun Stephenson, are liable for negligently failing to prevent the assault. On October 22, 2003, Stephenson, a student at Middle School 113 in the Bronx, and Lorenzo McDonald, a fellow student, had a fistfight on the school grounds, during which McDonald punched Stephenson once in the face and Stephenson punched McDonald twice. Neither boy...

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