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CUNETTA v. BD. OF EDUC. OF THE CITY OF NEW YORK

121 A.D.2d 677 (1986)

Karen Cunetta et al., Appellants, v. Board of Education of the City of New York et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 30, 1986

Order affirmed, with costs.

The respondents cannot be held liable in this matter absent a special duty owed to the plaintiffs (see, e.g., Vitale v City of New York, 60 N.Y.2d 861, rearg denied 61 N.Y.2d 759). In opposing the respondents' motion, the plaintiffs failed to meet their burden of establishing a sufficient factual predicate to indicate the existence of such...

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