Carole A. v. City of New York

Weinstein, J. P.,

dissents and votes to affirm the judgment appealed from, with the following memorandum: I cannot condone my colleagues’ decision to reverse a judgment in the principal sum of $700,000 on behalf of a public school psychologist who was brutally raped and sodomized in the school annex building in which she maintained an office on the ground of certain alleged imperfections in the trial court’s charge. In light of the unequivocal evidence of the promises made by the appellants’ agents to provide the plaintiff with adequate protection and the negligent failure to carry out those…