VITALE v. CITY OF NEW YORK


60 N.Y.2d 861 (1983)

Peter Vitale, Respondent, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided November 22, 1983.


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Michael Gage and Leonard Koerner of counsel), for appellants.

Anthony J. Pirrotti for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the action dismissed.

Plaintiff, an industrial arts teacher at a junior high school, was injured when he was assaulted by one of the students as he sought to break up an altercation in the hallway of the school. Asserted liability of the city was predicated on evidence of unjustified failure fully to have observed a detailed security...

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