Gadson v. City of N.Y.
| Decision Date | 13 December 2017 |
| Docket Number | Index 503648/12,2016–03515 |
| Citation | 156 A.D.3d 685,67 N.Y.S.3d 287 |
| Parties | Nakia GADSON, etc., respondent, v. CITY OF NEW YORK, et al., defendants, Department of Education of the City of New York, appellant. |
| Court | New York Supreme Court — Appellate Division |
156 A.D.3d 685
67 N.Y.S.3d 287
Nakia GADSON, etc., respondent,
v.
CITY OF NEW YORK, et al., defendants, Department of Education of the City of New York, appellant.
2016–03515
Index 503648/12
Supreme Court, Appellate Division, Second Department, New York.
December 13, 2017
Argued–October 6, 2017
Lester Schwab Katz & Dwyer, LLP, New York, N.Y. (Stewart G. Milch and Paul Tarr of counsel), for appellant.
Ronemus & Vilensky LLP (Lisa M. Comeau, Garden City, NY, of counsel), for respondent.
WILLIAM F. MASTRO, J.P. CHERYL E. CHAMBERS HECTOR D. LASALLE VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to recover damages for negligence, negligent hiring and negligent retention, intentional infliction of emotional distress, prima facie tort, and slander, the defendant Department of Education of the City of New York appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated April 7, 2016, as denied those branches of the motion of the defendants City of New York and Department of Education of the City of New York which were for summary judgment dismissing the complaint insofar as asserted against it.
ORDERED that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendants' motion which were for summary judgment dismissing the causes of action to recover damages for intentional infliction of emotional distress, prima facie tort, and slander insofar as asserted against the defendant Department of Education of the City of New York, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff commenced this action to recover damages for injuries her daughter allegedly sustained when a janitor at the middle school she attended called her, among other things, "retarded" and a "bitch" in the presence of other students. The complaint contained causes of action to recover damages for negligence, negligent hiring and negligent retention, intentional infliction of emotional distress, prima facie tort, and slander. The defendants City of New York and Department of Education of the City of New York (hereinafter the DOE; hereinafter together the defendants) moved for...
To continue reading
Request your trial
-
McHale v. Metro. Life Ins. Co.
...; see Brothers v. New York State Elec. & Gas Corp., 11 N.Y.3d 251, 258, 869 N.Y.S.2d 356, 898 N.E.2d 539 ; Gadson v. City of New York, 156 A.D.3d 685, 686, 67 N.Y.S.3d 287 ; Chichester v. Wallace, 150 A.D.3d 1073, 1074, 55 N.Y.S.3d 378 ). " ‘The determination of whether an employer-employee......
-
Singh v. Sukhu, 2017–03121
...v. HR Photography, Inc., 149 A.D.3d 1014, 1014, 52 N.Y.S.3d 458 [internal quotation marks omitted]; see Gadson v. City of New York, 156 A.D.3d 685, 686, 67 N.Y.S.3d 287 ; Chichester v. Wallace, 150 A.D.3d 1073, 1074, 55 N.Y.S.3d 378 ). Issues regarding whether an actor is an independent con......
-
Athenas v. Simon Prop. Grp., LP, 2017–04904
...Rosenberg v. Equitable Life Assur. Socy. of U.S., 79 N.Y.2d 663, 668, 584 N.Y.S.2d 765, 595 N.E.2d 840 ; see Gadson v. City of New York, 156 A.D.3d 685, 686, 67 N.Y.S.3d 287 ; Weinfeld v. HR Photography, Inc., 149 A.D.3d 1014, 1014, 52 N.Y.S.3d 458 ). "The determination of whether an employ......
- Jbbny, LLC v. Begum