NYC's motion for summary judgment denied- issue exists whether City had Notice
Early Childhood Center’s Motion for Summary Judgment Denied
Castro v. City of New York Department of Education
Index No. 104826/05
The Supreme Court of New York County denied defendants’ motion for a summary judgment.
Infant Plaintiff, three-year old “special needs” student, Nicholas Castro was allegedly injured by another student on three occasions at defendants’ early childhood center. The final injury was a broken femur. Plaintiffs wish to hold defendants liable for negligent supervision.
The plaintiffs introduced sufficient evidence to raise a triable issue of fact concerning the defendants’ awareness of prior injuries to this child while under their care and custody and to raise factual issues as to the adequacy of supervision.
Accordingly, the Supreme Court denied the school authorities’ motion for summary judgment.
