Court of Appeals Update — April 2025: Negligent Supervision Under CVA
- Reza Yassi
- 7 days ago
- 2 min read
Updated: 3 days ago
Quick Answer
The Court affirmed summary judgment against a county in a Child Victims Act negligent-supervision claim, emphasizing the need for evidence linking hiring practices to harm.
Decision at a Glance
Decision: Michael Nellenback v. Madison County — Court of Appeals — 2025 NY Slip Op 02263 — decided April 17, 2025.
Facts: Nellenback alleged horrific abuse by a county DSS caseworker, claiming the County negligently hired and supervised the worker under the Child Victims Act.
Procedural Posture: Trial court granted summary judgment; Appellate Division reversed in part; Court of Appeals granted leave and heard argument.
Holding: Affirmed summary judgment. Plaintiff failed to show a triable issue on whether County knew—or should have known—of the worker’s propensity, or that any negligence was the proximate cause of harm.
Full Opinion: Read the full opinion here
Why This Case Matters
This decision tightens negligent-supervision claims under the CVA, requiring concrete hiring-and-retention failings tied to the specific harm. Broad policy critiques won’t suffice to beat summary judgment.
Client Question
“Can I sue a school district for negligent supervision if a coach harmed me years ago?”
Your Answer
Only if you present admissible evidence that the district knew or should have known of the coach’s dangerous propensities, and that such hiring or retention directly led to your injuries. General policy arguments won’t clear the summary-judgment hurdle.
FAQs
What evidence is needed?
Prior complaints, performance reviews, or other records showing notice of risk.
Is hindsight enough?
Can punitive damages be sought?
Action Steps & Key Takeaways
Gather any historical records, complaints, or performance reviews.
Identify specific dates and persons with knowledge of the risk.
Link each supervisory failure clearly to the injury timeline.
Consult counsel early to develop targeted discovery requests.
Next Steps
Compile your pre-hire and performance records. Let’s review whether you have a viable negligent-supervision claim under CVA standards.
Reza Yassi, Esq.
Admitted: NY, NJ, Federal Courts
📞 (646) 992-2138 · 📧 ry@yassilaw.com · 🌐 yassilaw.com
Disclaimer:
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