Brandy B. v. Eden Central…

Summary

The New York Court of Appeals affirmed the Appellate Division’s grant of summary judgment, holding that the school district lacked specific knowledge or notice of the defendant student's dangerous conduct and that Child and Family Services had no duty to warn. The court reasoned that without prior similar conduct, the assault was unforeseeable and the plaintiff failed to establish a triable issue of fact. Justice Ciparick dissented, arguing that a reasonable jury could find sufficient notice and that the claim against the school should proceed.