In this action to recover damages for alleged employment discrimination in violation of the New York State Human Rights Law and the New York City Human Rights Law filed by two teachers [Plaintiffs] employed by the New York City Department of Education [DOE], DOE moved to dismiss Plaintiffs' seeking recover damages from DOE for alleged negligent hiring, training, and supervision of one of its employees. Supreme Court granted DOE's motion and Plaintiffs appealed the court's decision.
The Appellate Division sustained Supreme Court's granting this motion by DOE for Plaintiffs' failure "to state a cause of action."
Citing S.C. v New York City Dept. of Educ., 97 AD3d 518, 519-520, quoting Shor v Touch-N-Go Farms, Inc., 89 AD3d 830, the Appellate Division explained that in order "[to] establish a cause of action based on negligent hiring, negligent retention, or negligent supervision [of an employee], it must be shown that the employer knew or should have known of the employee's propensity for the conduct which caused the injury."
The Appellate Division opined that Supreme Court properly directed the dismissal of that branch of the Plaintiffs' complaint as Plaintiffs failed to sufficiently allege that DOE knew or should have known of its employee's propensity to commit the wrongful acts "alleged in the second amended complaint." Further, the Appellate Division noted that Plaintiffs' submissions in opposition to DOE's motion failed to remedy this defect.
Click HERE to access the Appellate Division's decision posted on the Internet.