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FEINSILVER v. CITY OF NEW YORK

277 A.D.2d 199 (2000)

715 N.Y.S.2d 441

SUSAN FEINSILVER, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 6, 2000.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the complaint. Liability may not be imposed upon the defendants, which are governmental entities, absent the existence of a special duty together with justifiable reliance thereon by the plaintiff to her detriment (see, Johnson v New York City Bd. of Educ., 249 A.D.2d 370). The plaintiff's status as a teacher is insufficient...

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