P.S. v. Pleasantville Union Free Sch. Dist.
| Decision Date | 16 January 2019 |
| Docket Number | 2016–13345,Index No. 58094/16 |
| Parties | In the Matter of P.S., etc., et al., Appellants, v. PLEASANTVILLE UNION FREE SCHOOL DISTRICT, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
168 A.D.3d 853
91 N.Y.S.3d 242
In the Matter of P.S., etc., et al., Appellants,
v.
PLEASANTVILLE UNION FREE SCHOOL DISTRICT, et al., Respondents.
2016–13345
Index No. 58094/16
Supreme Court, Appellate Division, Second Department, New York.
Argued—September 4, 2018
January 16, 2019
Asher, Gaughran LLP, Armonk, N.Y. (Rachel Asher of counsel), for appellants.
Lewis R. Silverman, White Plains, N.Y. (Karen C. Rudnicki of counsel), for respondents.
Ellen Saideman, Somers, NY, for amicus curiae Council of Parent Attorneys and Advocates, Inc.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for negligence, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Linda S. Jamieson, J.), dated November 23, 2016. The order, insofar as appealed from, granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(2) to dismiss the complaint.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was pursuant to CPLR 3211(a)(2) to dismiss the complaint is denied.
In June 2016, the plaintiffs, individually and as parents on behalf of their infant child, commenced this action against the defendants asserting, inter alia, causes of action alleging negligence and negligent supervision, hiring, training, and retention. The complaint alleged, among other things, that the defendants were aware that the infant plaintiff had been diagnosed with anxiety and depression, that she had
been hospitalized multiple times as a result, and that the defendants had represented to the plaintiffs that the infant plaintiff would receive appropriate therapeutic support while she was at school. The complaint further alleged that, on March 11, 2015, the infant plaintiff left school during the day without the knowledge of the defendants, went home, and attempted to commit suicide. The plaintiffs sought to recover damages for, inter alia, their psychological trauma, pain and suffering, and loss of reputation, as well as the infant plaintiff's physical harm.
The defendants moved, inter alia, pursuant to CPLR 3211(a)(2) to dismiss the complaint for lack of subject matter jurisdiction. The defendants argued that the complaint alleged that
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