Troy v. North Collins Central School District

In Troy v. North Collins Central School District (267 A.D.2d 1023, 701 N.Y.S.2d 199 [4th Dept 1999]), the Fourth Department denied summary judgment to a school district that had "formulated an individual education program (IEP) for plaintiff's disabled son as mandated by Education Law article 89," and "monitored and enforced" the implementation of the plan at a school in another school district, where the son was injured in a technology class while operating a miter saw (see id., at 200.) The court saw "a triable issue of fact whether plaintiff's son was within the first school district's orbit of authority' by virtue of its statutory duty to formulate and enforce the IEP . . . and thus whether the first school district owed plaintiff's son a duty of care in supervising and controlling him." (See id.)