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THE NATIONAL CRIME VICTIM BAR ASSOCIATION CIVIL JUSTICE DATABASE

Egle v. Maplebrook School
679 N.Y.S.2d 85, A.D. 2 Dept., NY, 10/19/1998
Category Victim v. Third Party 
Topic Colleges and Universities 
Filename Failure to Supervise 
Crime Sexual Assault 
Location Dormitory 
Prevailing Party Plaintiff 
Other Parties School 
Holding

Statement of Facts: On December 2, 1995 Maplebrook School student Jill Egle ("Egle") allegedly was sexually asaulted by Justin Kroiz ("Kroiz"), another Maplebrook student, in a dormitory. Egle sued Maplebrook, alleging that the school was negligent in its supervision of Kroiz. Maplebrook answered by alleging that it could not have reasonably anticipated the assault and, therefore, was not responsible. The Supreme Court, Dutchess County, denied Egle's motion to compel Maplebrook to comply with her notice of discovery and inspection, and granted Maplebrook's motion for protective order with respect to notice of discovery and inspection. Holding: Affirmed as modified. The Supreme Court, Appellate Division, Second Department, modified the lower court's ruling on Egle's motion to compel and affirmed. Material relating to Kroiz's past behavior toward fellow students and prior record of violent and/or sexual behavior at Maplebrook is relevant to Egle's action and are discoverable. 


Damage Award none 
Victim's Counsel     
Plaintiff's Counsel Stephen C. Glasser, Thomas M. Gannon, New York City 
Plaintiff's Expert      
Defense Counsel Jill E. O'Sullivan, Pearl River; Thomas J. Newman, Suffern 
Defense Expert

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