Y.R. v. CITY OF NEW YORK

Index No. 20727/14E. Appeal No. 15129. Case No. 2021-03232.

201 A.D.3d 579 (2022)

157 N.Y.S.3d 712

2022 NY Slip Op 00387

Y.R., an Infant, by her Mother and Natural Guardian, Mirian T.B., et al., Appellants, v. City of New York et al., Defendants, and NYC Charter High School for Architecture, Engineering and Construction Industries, Respondent.

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

Decided January 25, 2022.


Attorney(s) appearing for the Case

Law Offices of William Pager, Brooklyn ( William Pager of counsel), for appellants.

Ahmuty, Demers and McManus, Albertson ( Glenn A. Kaminska of counsel), for respondent.

Concur—Gische, J.P., Webber, Mendez, Rodriguez, Pitt, JJ.


Defendant established prima facie that it cannot be held liable for the injuries sustained by the infant plaintiff (plaintiff), a high school student, when she was attacked by another student in a school hallway, by showing that it provided sufficient supervision for its students, that the attack on plaintiff was sudden and spontaneous and could not have been prevented by greater supervision, and that it had no notice of animosity or conflicts between plaintiff and her attacker...

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