Legal Opinion

Brandy B. v. Eden Central School District

New York Court of Appeals

Decided June 10, 2010No. 94PublishedCited by 76 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

In this action against defendants Eden Central School District and Child and Family Services of Erie County (CFS) for damages resulting from an alleged sexual assault committed by an 11-year-old student upon a five-year-old student, the issues are whether (1) the school district had sufficiently specific knowledge or notice of the dangerous conduct which caused the injury so that the third-party act could have been reasonably anticipated and (2) CFS had a duty to warn the child offender’s foster parents and others of the need to closely supervise him. We hold that…

2Cases cited7 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Mirand v. City of New YorkNew York Court of Appeals · 1994
  3. Lawes v. Board of EducationNew York Court of Appeals · 1965
  4. Westfield Family Physicians, Pc v. Healthnow Ny, Inc.New York Court of Appeals · 2009
  5. Decker v. Dundee Central School DistrictNew York Court of Appeals · 1958

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3Cited by76 opinions

  1. Pokoik v. PokoikAppellate Division of the Supreme Court of the State of New York · 2014
  2. Nash v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
  3. Carabello v. New York City Department of EducationDistrict Court, E.D. New York · 2013
  4. Jake F. v. Plainview-Old Bethpage Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
  5. Buchholz v. Patchogue-Medford School DistrictAppellate Division of the Supreme Court of the State of New York · 2011

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