Case Involving Failure to Protect a Teacher Who Had Expressed Concerns About Her Safety In the Classroom

In Dinardo v. City of New York, 13 NY3d 872, 921 N.E.2d 585, 893 N.Y.S.2d 818, the Court of Appeals was confronted with a set of facts involving allegedly discretionary conduct, namely, the failure of the New York City Board of Education to take action to protect a teacher who had repeatedly expressed concerns about her safety in the classroom, and who was subsequently injured during an altercation between two students. the Board of Education argued that the conduct alleged to have been a promise to act on the teacher's behalf was discretionary government action, which could not form a basis for liability. However, the Court stated that "we have no occasion to decide that question" because even if the act was considered ministerial, there was no basis for finding a special relationship; specifically no evidence that the teacher had justifiably relied on assurances made by the Board of Education.