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GIBBS v. LéMAN MANHATTAN PREPARATORY SCHOOL

Index No. 150540/19. Appeal No. 14717. Case No. 2020-03228.

201 A.D.3d 569 (2022)

157 N.Y.S.3d 704

2022 NY Slip Op 00375

Debbi Gibbs, as Law Guardian on Behalf of Minor Child, B.E., et al., Appellants, v. Léman Manhattan Preparatory School, Respondent.

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

Decided January 25, 2022.

Attorney(s) appearing for the Case

Stewart Lee Karlin Law Group, P.C., New York ( Daniel E. Dugan of counsel), for appellants.

Katten Muchin Rosenman LLP, New York ( Craig A. Convissar of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.

Plaintiffs failed to state a claim for negligent supervision of students, as the complaint is devoid of facts showing that defendant Léman Manhattan Preparatory School (Léman) had knowledge or notice of the sort of conduct that allegedly injured plaintiff B.E., who was a student at Léman (Mirand v City of New York, 84 N.Y.2d 44, 49 [1994]). The suggestion that rumors about B.E. would not have spread if Léman had...

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