Bumpus v. New York City Transit Authority
| Decision Date | 15 January 2008 |
| Docket Number | No. 2007-07436,2007-07436 |
| Citation | 851 N.Y.S.2d 591,47 A.D.3d 653,2008 NY Slip Op 213 |
| Parties | TRACY BUMPUS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the complaint must be liberally construed. All allegations contained in it must be accepted as true, and the plaintiff must be accorded "the benefit of every possible favorable inference" (Leon v Martinez, 84 NY2d 83, 87 [1994]). The appropriate inquiry is whether the complaint, so viewed, states "`in some recognizable form any cause of action known to our law'" (Antico v Richmond Hous. Assoc., 196 AD2d 853 [1993], quoting Dulberg v Mock, 1 NY2d 54, 56 [1956]; see Manno v Mione, 249 AD2d 372 [1998]).
A necessary element of a cause of action alleging negligent retention or negligent supervision is that the "employer knew or should have known of the employee's propensity for the conduct which caused the injury" (Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 161 [1997], cert denied 522 US 967 [1997]; see Peter T. v Children's Vil., Inc., 30 AD3d 582, 586 [2006]; Well v Yeshiva Rambam, 300 AD2d 580, 581 [2002]; Manno v Mione, 249 AD2d at 373). Here, the plaintiff adequately pleaded causes of action to recover damages for negligent retention and negligent supervision. In addition, the plaintiff adequately pleaded a cause of action alleging negligent training. Thus, the Supreme Court properly denied the appellant's motion to dismiss the complaint insofar as asserted against it for failure to state a cause of action (see CPLR 3211 [a] [7]).
To continue reading
Request your trial
-
Zimmerman v. Poly Prep Country Day Sch.
...or should have known” of Foglietta's “propensity for the conduct which caused [their] injury.” Bumpus v. New York City Transit Auth., 47 A.D.3d 653, 851 N.Y.S.2d 591, 591–92 (2d Dep't 2008). They can also sue if the school failed to “exercise such care of them as a parent of ordinary pruden......
-
Kramer v. N.Y. City Bd. Of Educ., 09-CV-1167.
...knew or should have known of the employee's propensity for the conduct which caused the injury.’ ” Bumpus v. New York City Transit Auth., 47 A.D.3d 653, 654, 851 N.Y.S.2d 591 (N.Y.App.Div. 2d Dep't 2008) (quoting Kenneth R., 229 A.D.2d at 161, 654 N.Y.S.2d 791). IV. Application of Law to Fa......
-
Wells v. Douglas Elliman LLC, Docket Number: 115373/2009
...should have known of that violent propensity. T.W. v. City ofNew York, 286 A.D.2d 243, 245 (1st Dep't 2001); Bumpus v. New York City Tr. Auth., 47 A.D.3d 653, 654 (2d Dep't 2008). See Chagnon v. Tyson, 11 A.D.3d at 326; Sheila C. v. Povich, 11 A.D.3d 120, 129-30 (1st Dep't 2004). Plaintiffs......
-
Krystal G. v. Roman Catholic Diocese of Brooklyn
...knew or should have known of the employee's propensity for the conduct which caused the injury” ( Bumpus v. New York City Tr. Auth., 47 A.D.3d 653, 654, 851 N.Y.S.2d 591 [2008] [internal quotation marks and citation omitted]; see also Jackson v. New York Univ. Downtown Hosp., 69 A.D.3d 801,......
-
RETRIBUTION AGAINST CATHOLIC DIOCESES BY REVIVAL: THE EVOLUTION AND LEGACY OF THE NEW YORK CHILD VICTIMS ACT.
...Ctr., No. 900012/2019, 2020 N.Y. Misc. LEXIS 2003, at *23 (N.Y. Sup. Ct. May 11, 2020) (quoting Bumpus v. New York City Transit Auth., 851 N.Y.S.2d 591 (N.Y. App. Div. 2008)); Krystal G. v. Roman Cath. Diocese of Brooklyn, 933 N.Y.S.2d 515, 523-24 (N.Y. Sup. Ct. 2011) (noting that while pla......