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Litigation

When is A School District Liable for Physical Injury By One Student to Another?

In New York, it is well settled law that a school district is under a duty to adequately supervise the students in their charge and that it will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.  However, the school district is not an insurer of safety. It cannot be reasonably expected to continuously supervise and control all activities of its students. In fact, a district will not be held liable for every act in which one student may injure another. Despite this, when determining whether a duty to provide adequate supervision has been breached by the school district, a claimant must show that school authorities had sufficient specific knowledge or notice of the dangerous conduct which caused injury; that is, that the third-party acts could reasonably have been anticipated. As a result, a claimant will be required to show that the school had actual or constructive notice of prior similar conduct by the endangering student so that school personal should have been on guard for the claimed conduct. Going even further, even if the duty to supervise is breached then a claimant must still show that the negligence was the proximate cause of the injuries. Therefore, before deciding whether to file a lawsuit against a school district you should speak with an attorney to conduct the required analysis and ensure that you meet all statutory filing requirements.

If you have an educational issue in New York and need legal representation then please contact the New York education attorneys at Bashian & Papantoniou.

You Finally Recovered a Money Judgment....Now What!!

The enforcement of a money judgment or court order directing the payment of money is governed by Article 52 of the CPLR.  When enforcing a money judgment against a defendant or judgment debtor, it is very important that you understand and take advantage of all of available resources under the law.  If you are a plaintiff or judgment creditor and need assistance in enforcing a money judgment you should contact the Judgment Enforcement attorneys of Bashian & Papantoniou to schedule a consultation, in which we will develop your strategy to help seize the assets of a defendant or judgment debtor.  Generally speaking, the first question that a plaintiff or judgment creditor may have is “what property can I seize of the judgment debtor?”  A money judgment is enforceable against any property owned or controlled by a judgment debtor that can be transferred or assigned, including present or future rights or interest in said property.  The next question is, “how do you locate the assets of a judgment debtor or defendant? “ The New York trial attorneys of Bashian & Papantoniou work closely with a team of highly skilled private investigators who will well help locate every available piece of information about the defendant or judgment debtor for purposes of utilizing our subpoena powers, serving restraining notices and eventually executing upon and seizing said property.   “What happens when a defendant or judgment debtor fails to comply with a subpoena?” If a defendant or judgment debtor does not comply with the production of documents or appear for a deposition pursuant to a duly served subpoena, the New York trial lawyers of Bashian & Papantoniou will aggressively pursue all available legal remedies to protect our client’s rights and punish , which include moving for contempt of court.  To schedule a consultation with a New York money judgment attorney, please contact Bashian & Papantoniou at (516) 279-1555.