DAVILA v. STATE OF NEW YORK

Claim No. 136836. 2022-02752.

217 A.D.3d 921 (2023)

193 N.Y.S.3d 34

2023 NY Slip Op 03451

Jose Davila, Appellant, v. State of New York, Respondent.

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

Decided June 28, 2023.


Attorney(s) appearing for the Case

Slater Slater Schulman, LLP, Melville, NY ( Stephenie Lannigan Bross and Samantha A. Breakstone of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Ester Murdukhayeva and Kwame N. Akosah of counsel), for respondent.

Dillon, J.P., Iannacci, Maltese and Wan, JJ., concur.


In a claim, inter alia, to recover damages for negligent hiring, retention, and supervision, the claimant appeals from an order of the Court of Claims (Catherine Leahy-Scott, J.), dated March 1, 2022. The order granted the defendant's motion to dismiss the claim.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the claim is denied.

This claim, brought pursuant to CPLR 214-g, the Child Victims Act (hereinafter...

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