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

131 A.D.2d 639 (1987)

David Kerman et al., Appellants, v. Board of Education of the City of New York, Respondent

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

June 15, 1987

Ordered that the order is affirmed, with costs.

The respondent 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 defendant's motion, the plaintiffs failed to carry their burden of establishing a sufficient factual predicate to indicate the existence of such a special duty (see...

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