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RUSSO v. GRACE INST.

145 Misc.2d 242 (1989)

Jeffrey Russo, an Infant, by His Mother and Natural Guardian, Elaine Russo, Plaintiff, v. Grace Institute et al., Defendants. Kalikow Construction Corp., Third-Party Plaintiff, v. Edward Z. Holmes Detective Bureau, Third-Party Defendant. (Action No. 1.) Jeffrey Russo, an Infant, by His Mother and Natural Guardian, Elaine Russo, Plaintiff, v. Edward Z. Holmes Detective Bureau, Defendant. (Action No. 2.)

Supreme Court, New York County.

January 30, 1989

Attorney(s) appearing for the Case

Julien & Schlesinger, P. C. (Ira M. Newman and David B. Turret of counsel), for plaintiff. Alexander, Ash, Schwartz & Cohen for Grace Institute, defendant. John S. Zachary and Laurie A. Wedinger for third-party plaintiff. Heidell, Pittoni & Moran for third-party defendant.

EDWARD J. GREENFIELD, J.

In defining duties legally owed and liabilities to be imposed, courts are forever obliged to draw lines of inclusion and exclusion whose shape and direction are formed by logic, policy and history. Duties are owed to specifically defined and limited classes of people. Lines are drawn so that exposure is not open-ended, and liability does not flow to the world at large.

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