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Anilyan v. Board of Educ. of City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 515 (N.Y. App. Div. 1985)

Opinion

December 9, 1985

Appeal from the Supreme Court, Kings County (Held, J.).


Order affirmed, insofar as appealed from, without costs or disbursements.

Defendants cannot be held liable in this matter absent a special duty owed to plaintiff (see, e.g., Vitale v City of New York, 60 N.Y.2d 861, 863, rearg denied 61 N.Y.2d 759; Glick v City of New York, 53 A.D.2d 528, affd 42 N.Y.2d 831). The facts testified to by plaintiff at the Comptroller's hearing are insufficient to raise a genuine issue as to the existence of such a duty (see, Corcoran v Community School Dist. 17, 114 A.D.2d 835). Lazer, J.P., Thompson, O'Connor, Rubin and Kunzeman, JJ., concur.


Summaries of

Anilyan v. Board of Educ. of City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 515 (N.Y. App. Div. 1985)
Case details for

Anilyan v. Board of Educ. of City of New York

Case Details

Full title:MARY ANILYAN, Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 9, 1985

Citations

115 A.D.2d 515 (N.Y. App. Div. 1985)

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