Ferguson v. City of New York
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ash, J.), dated April 18, 2012, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In 2008, while employed by the New York City Department of Education (hereinafter the Department) as a school social worker, the plaintiff allegedly was injured when two kindergarten students collided with her in a school hallway. The plaintiff commenced this action against the Department and the City of New York, alleging negligent supervision. The Supreme Court granted the defendants’ motion for summary judgment dismissing the complaint. The plaintiff appeals.
A school district may not be held liable for the negligent performance of its governmental function of supervising children in its charge, at least in the absence of a special duty to the person injured (see Dinardo v City of New York, 13 NY3d 872, 874 [2009]; Kochanski v City of New York, 76 AD3d 1050, 1052
Here, the defendants established, prima facie, that they did not owe the plaintiff a special duty (see Stinson v Roosevelt U.F.S.D., 61 AD3d at 847-848). In opposition, the plaintiff failed to raise a triable issue of fact. Contrary to the plaintiffs contention, it is irrelevant that, unlike other school personnel, she did not personally have an obligation to implement any portion of the school’s safety procedures (see generally Pendulik v East Hampton Union Free School Dist., 17 AD3d 334, 335 [2005]). We need not determine whether, in supervising their students, the defendants were performing a ministerial, as opposed to a discretionary, function (see Dinardo v City of New York, 13 NY3d at 874; Kochanski v City of New York, 76 AD3d at 1051).
Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint (see Stinson v Roosevelt U.F.S.D., 61 AD3d at 848).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.