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City of New York not responsible for acts or omissions by employees of the New York City Board of Education

City of New York not responsible for acts or omissions by employees of the New York City Board of Education
McClain v City of New York, 2009 NY Slip Op 06409, Decided on September 8, 2009, Appellate Division, Second Department

In an action to recover damages for personal injuries, Naquan McClain and other plaintiffs sued the City of New York for alleged negligent and intentional acts and omissions by certain employees of the New York City Board of Education.

Citing a number of decisions including Bleiberg v City of New York, 43 AD3d 967, the Appellate Division affirmed Supreme Court?s decision rejecting McClain?s claims concerning the City of New York, holding that there is no basis for holding the City vicariously liable for the actions of employees of the New York City Board of Education, as the Board of Education is ?an entity separate and distinct from the City."

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06409.htm

Full post as published by New York Public Personnel Law on September 14, 2009 (boomark / email).