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I.R. v. LEAKE AND WATTS SERVS., INC.

1335, 350589/09.

139 A.D.3d 641 (2016)

30 N.Y.S.3d 866

2016 NY Slip Op 04151

I.R., an Infant, by His Mother and Natural Guardian, NORMA C., Respondent, v. LEAKE AND WATTS SERVICES, INC., Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2016.

Even assuming that defendant owed a duty of adequate care to plaintiff for an assault that occurred on a school bus it neither owned nor operated (see Ernest v Red Cr. Cent. School Dist., 93 N.Y.2d 664, 671 [1999]; David XX. v Saint Catherine's Ctr. for Children, 267 A.D.2d 813, 815 [3d Dept 1999]), there were no issues of fact as to whether "school authorities had sufficiently specific...

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