Herman Law is pleased to announce a major victory from the New York Appellate Division, Second Judicial Department, which reversed the Supreme Court’s decision granting the Defendants’ motion for summary judgment. ¹
Our client filed suit in June 2021 against Clarkstown Central School District and Felix Festa Middle School, alleging negligence due to the school’s failure to prevent sexual abuse committed by a teacher during the 1984-1985 school year.
The Defendants moved for summary judgment alleging lack of notice of the teacher’s propensity to sexually abuse children. The Supreme Court granted the Defendants’ motion. On Appeal, the Second Department reversed the Supreme Court, finding that the Defendants failed to satisfy their prima facie burden. The Second Department further found that the Defendants’ own submissions demonstrated the existence of triable issues of fact regarding notice. Specifically, the evidence submitted by the Defendants established the frequency of sexual abuse, as well as testimony by a former employee of the Defendants establishing that students had informed him of other inappropriate conduct by the perpetrator.
This decision reaffirms the burden a defendant has when moving for summary judgment and the duty school districts have to protect students from harm, ensuring they maintain supervision comparable to that of a responsible guardian. The Appellate Division’s reversal supports the notion that educational institutions must act on information indicating a risk to students and cannot turn a blind eye to known dangers.
Herman Law remains committed to tirelessly advocating for survivors and holding accountable those institutions entrusted with the safety and well-being of children. This decision marks another critical step toward justice for our client and reinforces the rights of survivors of abuse by school teachers under the Child Victims Act.
¹ F. v. Clarkstown Central School District, 2025 NY Slip Op 02753 (App Div, 2d Dept 2025).