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Supreme Court of New York6/11/1998
Miscellaneous Reports
SUPREME COURT QUEENS COUNTY
Motion by plaintiff to compel defendants to comply with plaintiff's supplemental demand for discovery and inspection; and cross motion by defendants for summary judgment dismissing the complaint or, in the alternative, for a protective order with regard to plaintiff's supplemental demand for discovery and inspection.
It is ordered that the motion by plaintiff to compel defendants to comply with the supplemental demand for discovery and inspection is denied as moot and the cross motion by defendants for summary judgment is granted.
This action arises out of an alleged assault on plaintiff, an interim acting assistant principal at IS 238 in Queens County, on November 17, 1994, by Larry Blanton, a parent of a student at the school. At the time of the incident, parent-teacher conferences were being held at the school. The evidence in the record indicates that plaintiff rushed to the Deans' Offices in Room 325 after receiving a call on her walkie-talkie that an emergency situation was occurring there. When plaintiff arrived at the scene, she observed a seventh grade teacher, Daniel Hennessy, standing against a wall and Mr. Blanton standing approximately 10 inches away from Mr. Hennessy, shouting obscenities at him. Plaintiff then placed an emergency call on her walkie-talkie for all units to respond to the situation.
Subsequently, Mr. Hennessy left the room with Mr. Palledino, another assistant principal. According to plaintiff, Mr. Blanton was still shouting out obscenities at this time, so she closed the door to the office, hoping to talk to Mr. Blanton and calm him down. At her examination before trial, plaintiff testified that at this point, Mr. Blanton cursed at her and lunged at her quickly, pinning her against the door. Plaintiff testified that while she was against the door, she made an emergency 911 call on her walkie-talkie, but over the walkie-talkie, she heard Mitchell Weiner, the Administrative Assistant Principal of the school, say "cancel that call." Plaintiff stated that Mr. Blanton then grabbed her by the collar of her blazer, tossed her into the wall, and in the process, her hand was cut.
Plaintiff thereafter filed a criminal complaint against Mr. Blanton, and on January 27, 1995, plaintiff obtained an Order of Protection against him, which was to remain in effect until March 9, 1995. On March 6, 1995, plaintiff learned that Mr. Blanton was in the school on March 3, 1995 to pick up his son. Plaintiff stated that the discovery that Mr. Blanton was in the school caused her to suffer post-traumatic stress syndrome and ultimately led to her being granted accidental disability retirement on August 28, 1996.
Plaintiff commenced the instant personal injury action alleging that defendants were negligent by, inter alia, failing to properly implement and enforce school security and visitor screening procedures on November 17, 1994. The complaint, which contains nine causes of action, also alleges that defendants negligently permitted Mr. Blanton to enter the school premises on March 3, 1995 in violation of the Order of Protection, causing plaintiff to suffer emotional distress and anxiety. The complaint further alleges that defendants attempted to prevent plaintiff from pursuing her contractual and administrative remedies and sought to deny plaintiff a line of duty of injury. The complaint further asserts that the defendants violated the New York State Education Law, the collective bargaining agreement between the Board of Education and various teachers' unions and the New York State and United States Constitutions. The instant motion and cross motion ensued.
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