Legal Opinion
Rollins v. New York City Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2009PublishedCited by 12 opinions
1Opinion of the Court
*541Plaintiff, a school safety officer, had to show a special relationship in order to state a claim for negligent failure to protect her from injury caused by a student (see Dinardo v City of New York, 13 NY3d 872 [2009]; Cuffy v City of New York, 69 NY2d 255, 261 [1987]). Since she raised neither that legal theory nor the factual predicate — an alleged oral promise and policy with the special education dean — in her notice of claim or her complaint, she could not assert that theory or the facts underlying it for the first time in opposition to the motion for summary judgment (see Brown v New…
2Cases cited4 opinions
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- Dinardo v. City of New YorkNew York Court of Appeals · 2009
- Brown v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
- Fernandez v. VLA Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by12 opinions
- Blackstock v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2011
- Benitez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Benitez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Bindler v. Lenox Hill Neighborhood House, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
- Bindler v. Lenox Hill Neighborhood House, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
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