PORTERFIELD v. CITY OF NEW YORK


175 A.D.2d 787 (1991)

Ilah Porterfield et al., Appellants, v. City of New York et al., Respondents

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

August 29, 1991


Plaintiff Ilah, an assistant principal at Theodore Roosevelt High School in Bronx County, brought this action against defendants to recover damages for injuries sustained when she was sexually assaulted in an unlocked book room by an unknown armed assailant.

Contrary to plaintiff's contentions, the allegations in the complaint, as amplified in the bill of particulars and testimony before trial, do not arise from defendants' failure to fulfill their proprietary duties...

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