DOE v. THE BRONX PREPARATORY CHARTER SCH.

306670/14. Appeal No. 13656. Case No. 2020-04869.

193 A.D.3d 591 (2021)

146 N.Y.S.3d 623

2021 NY Slip Op 02460

Jane Doe, Respondent, v. The Bronx Preparatory Charter School, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided April 22, 2021.


Attorney(s) appearing for the Case

Biedermann Hoenig Semprevivo, P.C., New York ( Megan R. Siniscalchi of counsel), for appellant.

Segal & Lax, New York ( Patrick Daniel Gatti of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.


Plaintiff, then a 15-year-old student, was allegedly sexually assaulted and raped in defendant school by third-party defendant, then a 19-year-old student at the school. Plaintiff testified that the rape was the culmination of several sexual assaults by third-party defendant in unlocked classrooms over a period of several months.

The court properly denied the school's motion for summary judgment based on testimony of the school's executive director that classroom...

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