Chainani v. Board of Educ. of City of N.Y

In Chainani v. Board of Educ. of City of N.Y., 87 N.Y.2d 370 [1995], the Court of Appeals held that the defendant Board of Education of the City of New York could not be held vicariously liable for the tortious acts committed by a bus driver who was employed by an independent contractor which provided transportation services for the students pursuant to a contract with the defendant. In Chainani the Court explained the general rule, and several of its exceptions, including the inherently dangerous task exception which is often invoked by plaintiffs, but infrequently held to apply by the courts. The New York Court of Appeals stated that "[w]e have not previously adopted or rejected this Restatement exception and find it unnecessary to do so here."