Practice point: The City cannot be held vicariously liable for the negligence or intentional acts of the New York City Board of Education, since it is a separate and distinct entity.
Practitioners should note that, on a motion to dismiss, the court's only function is to determine whether the alleged facts fit within any cognizable legal theory.
Case: McClain v. City of New York, NY Slip Op 06409 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
