Ambroise v. City of New York is the tale of a tooth that met its end in a schoolyard mêlée.
Hassan Ambroise alleged that Shaquan, another pupil of his junior high school, openly harassed him, repeatedly challenged him to a fight and, on two occasions, entered Ambroise's classroom and provoked him in a teacher's presence.
On the day in question, Ambroise solicited help from the teachers present in the school lunchroom after Shaquan leered at him aggressively, but was told "they were busy at the time and ... could not do anything." Only after Shaquan was observed shoving Ambroise were the boys separated and sent out of the lunchroom in opposite directions.
Shortly afterward, Ambroise observed Shaquan, and three adolescent henchmen, approaching him and attempted a preemptive punch. He missed and took a blow to the mouth, breaking a tooth.
Ambroise later filed suit against the City of New York in the Kings County Supreme Court seeking to recover damages for personal injuries premised on a "negligent supervision" theory. When the Supreme Court denied the City's motion to dismiss the case, the "Big (bruised) Apple" appealed to the Appellate Division, Second Department.
While the negligent supervision theory would be inapplicable if Ambroise had been a voluntary participant in the altercation, since he raised triable issues of fact regarding his need to resort to self-defense, the AD2 was of the opinion that the City's request had been properly denied and that the parties needed to battle it out some more at a formal hearing or trial.
If you ask us, Ambroise has a lot to be thankful for this holiday season. (But he needs to be in better shape for the next round!)
To view a copy of the Appellate Division's decision, please use this link: Ambroise v. City of New York