Charles Bonner v. City of New York, and Board of Education of the City of New York

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the plaintiff's negligence claim, holding that the school district's duty to maintain the playground gate was a governmental function and no special duty to the teacher was established. The majority relied on prior decisions distinguishing governmental from proprietary duties, while a dissent argued the duty was proprietary and the verdict should be affirmed.