Velez v. Freeport Union Free School District
Cases that cite this one
16 later published cases cite this decision.
- Buchholz v. Patchogue-Medford School District (Appellate Division of the Supreme Court of New York 2011)
- Morman v. Ossining Union Free School District (Appellate Division of the Supreme Court of New York 2002)
- Keith S. v. East Islip Union Free School District (Appellate Division of the Supreme Court of New York 2012)
- Keith S. v. East Islip Union Free School District (Appellate Division of the Supreme Court of New York 2012)
- TC v. Valley Central School District (District Court, S.D. New York 2011)
- MacCormack v. Hudson City School District Board of Education (Appellate Division of the Supreme Court of New York 2008)
- Smith v. Half Hollow Hills Central School District (District Court, E.D. New York 2004)
- Hale v. Holley Cent. Sch. Dist. (Appellate Division of the Supreme Court of New York 2018)
- Brown v. South Country Central School District (Appellate Division of the Supreme Court of New York 2016)
- Ciccone v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Jake F. v. Plainview-Old Bethpage Central School District (Appellate Division of the Supreme Court of New York 2012)
- Eberwein v. Newburgh Enlarged City School District (Appellate Division of the Supreme Court of New York 2006)
- Doe v. Town of Hempstead Board of Education (Appellate Division of the Supreme Court of New York 2005)
- Canales v. Finley Middle School (Appellate Division of the Supreme Court of New York 2004)
- Anglero v. New York City Board of Education (Appellate Division of the Supreme Court of New York 2003)
- Collins v. Studer (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants Freeport Union Free School District, James Brown, McArthur McKinnon, and “John Doe” appeal from an order of the Supreme Court, Nassau County (Franco, J.), dated November 21, 2001, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.
The infant plaintiff claimed that he was injured when a fellow student allegedly assaulted him after a short chase through a junior high school locker room. The infant plaintiff claims that he began to run from the other student because he had a history of placing “wrestling moves” on him, none of which were ever reported to school personnel.
The appellants sustained their burden of establishing that they had no actual or constructive notice of any prior similar conduct by the student who allegedly assaulted the infant plaintiff. While the codefendant student was previously disciplined for fighting, that single incident was remote and of a dissimilar nature, and did not place school personnel on notice of the instant situation (see Mirand v City of New York, supra at 49; Janukajtis v Fallon, supra at 430; Malik v Greater Johnstown Enlarged School Dist., 248 AD2d 774, 776).
In any event, there is no evidence to suggest that the appellants’ purported negligence was a proximate cause of the injuries. The testimony of the defendant McArthur McKinnon at an examination before trial indicated that the assault occurred so quickly that it could not have been prevented by more intense supervision (see Junukajtis v Fallon, supra at 430; Convey v City of Rye School Dist., supra at 160; Johnsen v Cold Spring Harbor Cent. School Dist., 251 AD2d 548, 549). Prudenti, P.J., Feuerstein, Luciano and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.