Bertrand v. Board of Education of City of New York
| Decision Date | 08 May 2000 |
| Citation | 707 N.Y.S.2d 218,272 A.D.2d 355 |
| Parties | CHRISTOPHER BERTRAND, Appellant,<BR>v.<BR>BOARD OF EDUCATION OF CITY OF NEW YORK, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.
Ordered that the order is affirmed, with costs.
On the afternoon of December 13, 1996, shortly after he was dismissed from school for the day, the plaintiff, a senior at Automotive High School in Brooklyn was assaulted at a nearby subway station by the cousin of another student at the school with whom the plaintiff had been embroiled in a protracted dispute. The plaintiff maintains that the defendant was negligent, inter alia, in that a teacher at the school knew of the planned attack and failed to take appropriate action to prevent the assault.
The record is devoid of any admissible evidence which supports the plaintiff's contention that a teacher at the school knew of the plan to attack the plaintiff. In any event, it is well settled that a school's duty to protect a child from the negligence of a third party is coextensive with, and concomitant to, its physical custody and control over the child. When that custody ceases because the child has passed out of the orbit of its authority in such a way that the parent is free to reassume control over the child's protection, the school's custodial duty also ceases (see, Pratt v Robinson, 39 NY2d 554). As a result, where a student is injured off school premises generally the school cannot be held liable for the breach of a duty that extends only to the boundaries of school property (see, Tarnaras v Farmingdale School Dist., 264 AD2d 391). Under the circumstances of this case, the defendant may not be held liable for the plaintiff's injuries.
To continue reading
Request your trial
-
Diaz v. Brentwood Union Free Sch. Dist.
...at 783, 857 N.Y.S.2d 699 ; Stagg v. City of New York, 39 A.D.3d 533, 534, 833 N.Y.S.2d 188 ; Bertrand v. Board of Educ. of City of N.Y., 272 A.D.2d 355, 707 N.Y.S.2d 218 ; Tarnaras v. Farmingdale School Dist., 264 A.D.2d at 392, 694 N.Y.S.2d 413 ; cf. Ernest v. Red Creek Cent. School Dist.,......
-
Collazo v. Hicksville Union Free Sch. Dist.
...be held liable for injuries that occur off school property and beyond the orbit of its authority (see Bertrand v. Board of Educ. of City of N.Y. , 272 A.D.2d 355, 707 N.Y.S.2d 218 )."( Molina v. Conklin , 57 A.D.3d 860, 861–62, 871 N.Y.S.2d 230 [2d Dept. 2008] ; see also Vernali v. Harrison......
-
Elissa v. City of N.Y.
...Sch. Dist., 46 A.D.3d 550, 552, 850 N.Y.S.2d 459 [2d Dept.2007];Morning, supra at 436, 811 N.Y.S.2d 747;Bertrand v. Bd. of Educ., 272 A.D.2d 355, 707 N.Y.S.2d 218 [2d Dept.2000];Tarnaras, supra, at 392, 694 N.Y.S.2d 413). While plaintiff was not required to plead the existence of a special ......
-
Hernandez v. City of N.Y.
...(Tarnaras v. Farmingdale School Dist., 264 A.D.2d 391, 392, 694 N.Y.S.2d 413 ; see Bertrand v. Board of Educ. of the City of N.Y., 272 A.D.2d 355, 707 N.Y.S.2d 218 ). Here, the defendants established, prima facie, that they may not be held liable for the infant plaintiff's injuries since, a......