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BERLER v. CITY OF NEW YORK

152 Misc.2d 133 (1992)

Ava Berler, Respondent, v. City of New York et al., Appellants.

Supreme Court, Appellate Term, First Department.

February 19, 1992

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel (Pamela Seider Dolgow and Elizabeth S. Natrella of counsel), for appellants. Edward J. Rinaldi and Ronald Cohen for respondent.

RICCOBONO, J. P., PARNESS and MILLER, JJ., concur.

Per Curiam.

Judgment entered March 8, 1991, reversed on the law, with $30 costs, and the complaint is dismissed.

Plaintiff, a teacher in the New York City school system, brought this action for damages arising out of a robbery and sexual assault committed on her when, after having accompanied her pupils out of the building at the end of the school day, she returned to her classroom. The gravamen of the liability...

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