Givens v. Rochester City School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting the motion of defendant National School Bus Service, Inc. (National) for summary judgment dismissing the complaint against it. This case is distinguishable from Harker v Rochester City School Dist. (241 AD2d 937, lv denied 90 NY2d 811, rearg denied 91 NY2d 957), and thus the court erred in relying on Harker in determining as a matter of law that National was not liable for the stabbing of plaintiff’s decedent, who had just exited from…
2Cases cited5 opinions
- Pratt v. RobinsonNew York Court of Appeals · 1976
- Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
- Harker v. Rochester City School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
- Borelli v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1989
- Shire v. MazzilliAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- Rew v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2014
- Britton v. NoeAppellate Division of the Supreme Court of the State of New York · 2000
- Givens v. Rochester City School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
- REW, MICHAEL J. v. COUNTY OF NIAGARAAppellate Division of the Supreme Court of the State of New York · 2014
- Rew v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2014