Legal Opinion
Kush v. City of Buffalo
New York Court of Appeals
Decided May 5, 1983PublishedCited by 272 opinions
1Opinion of the Court
*29OPINION OF THE COURT
Chief Judge Cooke.
A school that negligently fails to secure dangerous chemicals from unsupervised access by children will not be relieved of liability when an injury occurs and it is reasonably foreseeable that the chemicals might be stolen by children.
During 1972, as part of a summer youth program sponsored by the Buffalo Board of Education, two 15-year-old students were hired to assist the custodial staff at Kensington High School. On July 11, while the adult employees were on their coffee break, the two, unsupervised student employees went to the school’s chemistry…
2Cases cited14 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Basso v. MillerNew York Court of Appeals · 1976
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
9 more not listed; retrieve them via the Exa API.
3Cited by272 opinions
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
- Tagle v. JakobNew York Court of Appeals · 2001
- Di Ponzio v. RiordanNew York Court of Appeals · 1997
- DESKOVIC v. City of PeekskillDistrict Court, S.D. New York · 2009
267 more not listed; retrieve them via the Exa API.