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.