Negligence - Duty - Breach of Duty - Failure to Establish Policies and Procedures

Schools - Students - Abuse While in Care and Custody

Order, Supreme Court, Bronx County (Marissa Soto, J.), entered on about August 8, 2024, which, insofar as appealed from as limited by the briefs, denied the motion of defendants KIPP Foundation and Michael Feinberg to dismiss the complaint as against them, unanimously modified, on the law, to grant the motion as to Michael Feinberg and as to all claims against KIPP Foundation accruing prior to April 20, 2000, and otherwise affirmed, without costs.

The complaint sufficiently states a negligence cause of action against KIPP Foundation for "failure to establish policies and procedures." Plaintiff alleges that she was a minor in the care and custody of KIPP Foundation when the abuse occurred, which is sufficient to withstand the motion to dismiss (see Garcia v City of New York, 222 AD2d 192, 196 [1st Dept 1996], lv denied 89 NY2d 808 [1997]; Coon v Board of Educ. of City of N.Y., 160 AD2d 403, 403 [1st Dept 1990]; Logan v City of New York, 148 AD2d 167, 171 [1st Dept 1989]). However, the complaint fails to make any such allegations against defendant Feinberg or allege that he, as an individual, had any role in hiring, training, supervising, or policymaking during the relevant period (see Jane Doe Three v KIPP Academy Charter Sch., 235 AD3d 406, 408 [1st Dept 2025]). Any claims accruing prior to April 20, 2000, against KIPP Foundation must be dismissed in light of its showing that it did not exist until that date (id. at 407; see also J.S. v City of New York, 238 AD3d 512 [1st Dept 2025]).

We have considered KIPP Foundation's remaining arguments and find them unavailing. Concur—Manzanet-Daniels, J.P., Gesmer, González, Shulman, O'Neill Levy, JJ.