Adelphi Academy, Family of Student Involved in Nasty Lawsuits - The New York Personal Injury Law Blog

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Adelphi Academy, Family of Student Involved in Nasty Lawsuits

In the Adelphi Academy lawsuits, the family of a student claimed their child was beat up by a school administrator. And when the family complained, all three of their sons were expelled. The tony Brooklyn prep school denies this, and countersued the family for defamation.

Eleven-year-old Brandon Kushnerick was allegedly grabbed, punched, and physically manhandled by a school administrator nicknamed the "Enforcer," reports the New York Post. The parents complained and even called police, leading to the arrest of the Enforcer, Jon Barry Kablack.

Kablack, an assistant director at Adelphi Academy, was brought in for questioning, but no charges were filed against him.

Meanwhile, the Kushnericks say that the private school got even against them by expelling Brandon and two of his brothers from the school, reports the Post. The family is seeking $28 million in damages.

Disputing that the child was ever roughed up by the enforcer, the Adelphi Academy came back and filed a $100,000 defamation lawsuit against the family. Given that the family is suing the school, it's not clear what basis the school has to sue for defamation.

Generally, statements made during a judicial proceeding are protected from defamation claims. Arguably, a lawsuit is a judicial proceeding, and claims made in the lawsuit would therefore be protected from defamation.

The Adelphia Academy and the Kushnerick family are lawyered up in a bitter dispute. One side says their child was beat up by a school administrator. The other side says the child is lying.

To learn more about defamation, see the Related Resources below.

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