Boyle v. North Salem Central School District
| Decision Date | 24 August 2022 |
| Docket Number | 2021–01433,Westchester County Index No. 62815/19 |
| Citation | 208 A.D.3d 744,172 N.Y.S.3d 621 (Mem) |
| Parties | Sean BOYLE, respondent, v. NORTH SALEM CENTRAL SCHOOL DISTRICT, appellant, et al., defendant. |
| Court | New York Supreme Court — Appellate Division |
208 A.D.3d 744
172 N.Y.S.3d 621 (Mem)
Sean BOYLE, respondent,
v.
NORTH SALEM CENTRAL SCHOOL DISTRICT, appellant, et al., defendant.
2021–01433
Westchester County Index No. 62815/19
Supreme Court, Appellate Division, Second Department, New York.
Submitted—May 17, 2022
August 24, 2022
Bond, Schoeneck & King, PLLC, Garden City, NY (Howard M. Miller of counsel), for appellant.
Meagher & Meagher, P.C., White Plains, NY (Christina M. Killerlane of counsel), for respondent.
FRANCESCA E. CONNOLLY, J.P., JOSEPH J. MALTESE, PAUL WOOTEN, LARA J. GENOVESI, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for negligence, the defendant North Salem Central School District appeals from an order of the Supreme Court, Nassau County (Part CVA–R) (Steven M. Jaeger, J.), dated January 21, 2021. The order, insofar as appealed from, denied those branches of that defendant's motion which were pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging negligence, gross negligence, negligent hiring, retention, supervision, and direction, and breach of fiduciary duty insofar as asserted it.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action asserting causes of action alleging, inter alia, negligence, gross negligence, negligent hiring, retention, supervision, and direction, and breach of fiduciary duty. The plaintiff alleged that, when he was in middle school, he was sexually molested by his guidance counselor, who was an employee or special employee of the defendant North Salem Central School District (hereinafter the district).
The district moved, inter alia, pursuant to CPLR 3211(a)(7) to dismiss the negligence, gross negligence, negligent hiring, retention, supervision, and direction, and breach of fiduciary duty causes of action insofar as asserted against it. In an order dated January 21, 2021, the Supreme Court, among other things, denied those branches of the district's motion. The district appeals.
On a motion to dismiss for failure to state a cause of action under CPLR 3211(a)(7), a court must "accept the facts as alleged in the...
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