In Blackstock v.Board of Education of the City of New York, decided on May 12, 2011 by The Appellate Division, First Department, a special education speech therapist employed by the defendant Board of Education, claimed that she suffered personal injury as the result of an assault by a student. She alleged defendant failed to properly supervise its students. The Court granted defendant summary judgment holding plaintiff failed to show that defendant owed her a special duty of protection. The Court held as follows;
“Under these circumstances, in order to impose liability, plaintiff had to show that defendant owed her a special duty of protection (see Bonner v City of New York, 73 NY2d 930, 932 [1989]; see also Vitale v City of New York, 60 NY2d 861, 863 [1983]). Plaintiff’s failure to allege or provide the factual predicate for the special relationship theory in her notice of claim or complaint is fatal to maintenance of this action (see Rollins v New York City Bd. of Educ., 68 AD3d 540, 541 [2009]). Moreover, the record shows that plaintiff could not prove all of the necessary elements of that theory (see Cuffy v City of New York, 69 NY2d 255 [1987]). Accordingly, there are no material issues of fact, and summary judgment was properly granted.”