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NURSE v. NEW YORK CITY DEPT. OF EDUC.

Index No. 153317/12. Appeal No. 12884. Case No. 2018-5362.

190 A.D.3d 562 (2021)

136 N.Y.S.3d 708

2021 NY Slip Op 00263

Anita Nurse, Appellant, v. New York City Department of Education, Respondent.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

David Zevin , Roslyn, for appellant.

James E. Johnson , Corporation Counsel, New York ( Daniel Matza-Brown of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Shulman, JJ.

Plaintiff, a school safety agent employed by the police department, was injured on the job when two 13-year-old students assaulted her, allegedly as a result of school administrators negligently permitting a student known to be violent to attend the school where plaintiff worked. Plaintiff's failure to plead or prove that DOE owed her a special duty is fatal to both her common-law negligence claim (see Zimmerman v City of New York, 74 A.D.3d 439

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