Judge dismisses suit alleging threats, bullying on East Hampton school's South America trip

A Suffolk judge has dismissed a $10 million lawsuit by a billionaire and his son alleging that a dispute on a South America field trip with the then-17-year-old's East Hampton private school "prevented him from obtaining the full enjoyment of life."

The lawsuit, filed March 23, contends that Hayden Soloviev, a high school junior at the time of the trip last year, continues to endure "suffering that knows no boundaries."

But, even if the allegations are true, the suit must be dismissed because the plaintiff — Hayden and his father, Stefan Soloviev — signed a release upon enrollment with the Ross School covering such trips, according to the ruling, filed Dec. 10 by Supreme Court Judge William J. Condon.

The lawsuit contends that Hayden was threatened, berated and later bullied into unenrolling after complaining about teacher-chaperones leading peers, all underage, in a whiskey toast to celebrate completion of a South American glacier hike. The post-hike toast is a tradition of sorts in the continent’s Patagonia region, with the whiskey cooled with ice hewn from the glacier.

Causes of action in the lawsuit include breach of trust and contract, unjust enrichment, negligent hiring and infliction of emotional distress.

Condon wrote that none of the allegations was eligible for litigation in court.

"There are no claims of physical abuse, contact or unwanted approaches of any kind but rather … a few frustrated words from a teacher who was chaperoning the trip … ." Condon wrote. "The teacher reassigned an Instagram account of the trip due to plaintiff not doing what he was asked for the project."

The judge continued: "Also, the plaintiff claims he has ‘suffering that knows no boundaries’ and ‘prevented him from obtaining the full enjoyment of life’ due to watching others drink a thimbleful of celebratory local whiskey upon climbing a glacier."

A copy of the release, signed by the father, is an exhibit in court records: "I release and hold harmless the School [and] its … employees from all claims, damages, and other liability for injury to the Student where such claims, damages, or other liability are not the result of intentional conduct or gross negligence …"

Andrew Blum, a family spokesman, said the Solovievs are disappointed in the ruling. A notice of appeal was filed Wednesday, court records show.

The Ross School, where tuition is said to be $44,910 for day students, is on about 63 acres out east, enrolls 386 students, including about 75 boarders, the headmaster told Newsday in March.

Stefan Soloviev is heir to a real estate fortune totaling about $4.7 billion, according to a 2019 article in Bloomberg News.

The article called him a "self-taught expert on dry-land agriculture" who is also America’s 31st-largest land owner.

By Matthew Chayes

matthew.chayes@newsday.comchayesmatthew

Matthew Chayes, a Newsday reporter since 2007, covers New York City.