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GALATOWITSCH v. NEW YORK CITY GAY & LESBIAN ANTI-VIOLENCE PROJECT, INC.

1 A.D.3d 137 (2003)

766 N.Y.S.2d 206

PAUL GALATOWITSCH et al., Appellants, v. NEW YORK CITY GAY & LESBIAN ANTI-VIOLENCE PROJECT, INC., Respondent.

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

November 6, 2003.

While the circumstances giving rise to this action are tragic and plaintiffs have suffered greatly, the motion court properly concluded that the complaint, which essentially alleges that plaintiffs were negligently prosecuted, fails to state a cognizable claim for relief (see Secard v Department of Social Servs. 204 A.D.2d 425, 427 [1994]; and see e.g. Jestic v Long Is. Sav. Bank, 81 A.D.2d 255...

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