Legal Question in Civil Litigation in New York

Re: Penalty for harrasment

If you are under the age of 18 (and I believe you are), you must have your parents contact the school and an attorney.

If you are over the age of 18, you can seek damages from the school and the individual that broke your nose.

Re: Penalty for harrasment

I received your post on 10-31-2000.

First, hopefully the school knows about it and there is a report.

Second, you can file a criminal complaint...it will most likely be assault in the third degree..a misdemeanor. If it proceeds, it may be pled down.

Next, you might have a lawsuit agaist that person and/or the school, depending on circumstances.

Feel free to contact me directly at [email protected] if you wish to discuss this or ask any questions.

Good Luck.

RRG

Re: Penalty for harrasment

Note also, in a civil lawsuit (assault and battery), it may be possible to sue the other kid's parents; under NY law, parents are generally liable for up to $5,000 in damages for intentional wrongs committed by their minor children.

Re: Penalty for harrasment

As an initial matter you should report the incident to the school immediately, if it has not already been reported. Second, you can sue the parents of the person who hit you. If the person who hit you is under 18 years old, the parents are liable to you under New York General Obligation law, up to a maximum sum of $5,000.00. You may also have an action against the school depending upon the facts of the case. Please feel free to contact me for more information. Very truly yours, Andrew J. Campanelli (516) 746-1600 [email protected]

Re: Penalty for harrasment

You will have an action for a battery against the person who hit you and for negligence against the school. You may have to file your notice of your claim soon. You should contact an attorney ASAP.

Let me know if I can be of assistance.

Dan Clement

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