Becker & Poliakoff

Becker Scores Significant Reversal in the Appellate Division, Second Department on Behalf of The Soloviev Family

Becker Scores Significant Reversal in the Appellate Division, Second Department on Behalf of The Soloviev Family

Becker’s client, plaintiff Stefan Soloviev, and his son, Hayden Soloviev, sued defendant Ross School to recover damages related to breach of contract, unjust enrichment, negligent hiring, retention, supervision, and direction, and negligent infliction of emotional distress.

Mr. Soloviev’s son, Hayden, attended Ross School where teacher Christopher Maddaleone chaperoned a school trip to South America in 2020 in which Hayden participated. On the trip, Maddaleone bullied and harassed Hayden. As a result, Hayden withdrew from Ross School.

Defendants moved to dismiss the complaint which was granted in December 2021. The plaintiffs appealed the dismissal and on May 1, 2024, the Appellate Division, Second Department reversed the lower court’s determination and reinstated the causes of action relating to gross negligence including negligent hiring, retention, supervision and direction, and negligent infliction of emotional distress. The matter now goes back to the Suffolk County Supreme Court and the parties will engage in discovery.

The Becker litigation team was led by shareholder Glenn Spiegel, with assistance from shareholder James Mahon and associate Samantha Lesser.