Legal Opinion

Garcia v. City of New York

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

Decided August 15, 1996PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

Tom, J.

The issue presented on this appeal concerns whether defendant New York City Board of Education (Board of Education) may be found liable for the sexual assault of a kindergarten student, who was sent to the bathroom alone and unsupervised.

Plaintiff, by his mother, commenced this action by the service of a summons and verified complaint, asserting that the school was negligent in permitting the attack on plaintiff infant, and that such attack was reasonably foreseeable. The salient facts of this action are not in dispute. On October 27, 1988, the infant plaintiff, a…

2Cases cited14 opinions

  1. Mirand v. City of New YorkNew York Court of Appeals · 1994
  2. Pratt v. RobinsonNew York Court of Appeals · 1976
  3. Lawes v. Board of EducationNew York Court of Appeals · 1965
  4. Ohman v. Board of Educ. of City of N.Y.New York Court of Appeals · 1949
  5. Hoose v. S. S. DrummNew York Court of Appeals · 1939

9 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Convey v. City of Rye School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  2. Phillips Ex Rel. Green v. City of New YorkDistrict Court, S.D. New York · 2006
  3. Zimmerman v. Poly Prep Country Day SchoolDistrict Court, E.D. New York · 2012
  4. Doe v. Orange-Ulster Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2004
  5. Barretto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997

32 more not listed; retrieve them via the Exa API.

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