Doe v. New York City Department of Education

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered May 21, 2014, which granted defendant New York City Department of Education’s (DOE) motion for summary judgment dismissing the complaint as against it with prejudice, unanimously affirmed, without costs.

It is undisputed that defendant Agosto, a substitute teacher at another school and the infant plaintiffs track coach, had unlawful sexual intercourse with the infant plaintiff at a motel after school hours. The court correctly dismissed the vicarious liability claim against DOE, because Agosto’s conduct was not in…