C.M. v. City of New York

OPINION OF THE COURT

Michael D. Stallman, J.

These motions for summary judgment require the court to examine whether a school may be held responsible in tort to a student for an employee’s off-campus intentional conduct.

Background

This casé arises from an August 12, 2000 sexual encounter between the then 15-year-old plaintiff and defendant Barsky. Barsky had been plaintiffs social studies teacher at a New York City public school during the preceding school year. Although Barsky and plaintiff met frequently in school outside of class, there is no evidence of any inappropriate contact prior to the…