Levine v. George

• Decision Date: 24 August 2022
• Docket Number: 2019–13240,Index No. 31475/11
• Citation: 208 A.D.3d 771,174 N.Y.S.3d 699
• Parties: Melissa LEVINE, appellant-respondent, v. David GEORGE, et al., respondents-appellants.
• Court: New York Supreme Court — Appellate Division

208 A.D.3d 771
174 N.Y.S.3d 699

Melissa LEVINE, appellant-respondent,
v.
David GEORGE, et al., respondents-appellants.

2019–13240
Index No. 31475/11

Supreme Court, Appellate Division, Second Department, New York.

Argued—March 14, 2022
August 24, 2022

Dell & Dean, PLLC (Joseph G. Dell and Mischel & Horn, P.C., New York, NY [Scott T. Horn ], of counsel), for appellant-respondent.

Robert J. Cava, P.C., West Babylon, NY, for respondents-appellants.

HECTOR D. LASALLE, P.J., MARK C. DILLON, SHERI S. ROMAN, LARA J. GENOVESI, JJ.

DECISION & ORDER

208 A.D.3d 771

In an action to recover damages for negligent supervision and personal injuries, the plaintiff appeals, and the defendants cross-appeal, from an order of the Supreme Court, Suffolk County (Joseph Farneti, J.), dated September 12, 2019. The order, insofar as appealed from, granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the defendants James D. George and Grace M. George. The order, insofar as cross-appealed from, denied that branch of the defendants’ motion which was for summary judgment dismissing the complaint

174 N.Y.S.3d 701

insofar as asserted against the defendant David George.

ORDERED that the order is reversed insofar as appealed from, on the law, and that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the defendants James D. George and Grace M. George is denied; and it is further,

ORDERED that the order is affirmed insofar as cross-appealed from; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

The plaintiff commenced this action, inter alia, to recover

208 A.D.3d 772

damages for personal injuries she allegedly sustained in November 2008, when, in the course of her employment as a school psychologist at the Western Suffolk BOCES James E. Allen Junior/Senior High School, she was assaulted by the defendant David George (hereinafter David), an autistic student with an IQ of 41, who was almost 14 years old at the time. In addition to alleging causes of action sounding in negligence and assault against David, the plaintiff also alleged a cause of action sounding in negligent parental supervision against David's parents, the defendants James D. George and Grace M. George (hereinafter together David's parents). Thereafter, the defendants moved for summary judgment dismissing the complaint. The plaintiff opposed the motion. By order dated...