Employer's motion for summary judgment dismissing plaintiff's claim of negligent retention and supervision of a "school volunteer" granted
The Appellant Division held Supreme Court correctly dismissed plaintiff's
allegations of negligent supervision and retention of a school volunteer by the New York City Department
of Education [DOE] as there was no evidence that DOE "had any
knowledge that the school volunteer, whom plaintiff alleged injured her, had a
propensity to engage in the injury-causing conduct".
The Appellate Division also noted that there was no nexus between the
volunteer's activities at the school and his alleged assault upon the plaintiff.
Click HERE to access the Appellate Division's
ruling posted on the Internet.
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
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New York Public Personnel Law.
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