Legal Opinion

Logan v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1989PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Kassal, J.

It has long been recognized that a Board of Education has a duty, arising from the fact of its physical custody over students, to exercise the same degree of care and supervision which a reasonably prudent parent would employ in the given circumstances. (Ohman v Board of Educ., 300 NY 306, 309; Pratt v Robinson, 39 NY2d 554, 560.) In the case before us, plaintiff’s claims of negligent supervision raise sufficient triable issues to preclude the grant of summary judgment dismissing the complaint insofar as it alleges a breach of this duty by the defendant Board of…

2Cases cited18 opinions

  1. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  2. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  3. Andre v. PomeroyNew York Court of Appeals · 1974
  4. Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
  5. Pratt v. RobinsonNew York Court of Appeals · 1976

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3Cited by15 opinions

  1. Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  2. Mary KK. v. Jack LL.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Gattyan v. Scarsdale Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1989
  4. Vonungern v. Morris Central SchoolAppellate Division of the Supreme Court of the State of New York · 1997
  5. Doe v. Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008

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