Rydzynski v. North Shore University Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Adams, J.), entered August 17, 1998, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In order to be liable for common-law negligence, it must be shown that the defendant owed the plaintiff some duty (Pulka v Edelman, 40 NY2d 781, 782). The courts of this State have held that a school or learning facility does not stand in the position of in loco parentis to adult students attending classes (see,…
2Cases cited12 opinions
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Eiseman v. StateNew York Court of Appeals · 1987
- Bell v. Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1997
- Shante D. v. City of New YorkNew York Court of Appeals · 1994
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3Cited by7 opinions
- Luina v. Katharine Gibbs School New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- McElrath v. Lakeland Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
- Alban v. Cornell UniversityNew York Supreme Court · 2015
- C.Q. v. Estate of David RockefellerDistrict Court, S.D. New York · 2021
- Pasquaretto v. Long Island UniversityAppellate Division of the Supreme Court of the State of New York · 2013
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