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FRANCE v. NEW YORK CITY BOARD OF EDUCATION

40 A.D.3d 268 (2007)

834 N.Y.S.2d 193

MARSHA E. FRANCE, Respondent, v. NEW YORK CITY BOARD OF EDUCATION, Appellant.

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

Decided May 3, 2007.

Plaintiff school employee has failed to raise triable issues of fact regarding whether a school safety agent, in undertaking to resolve a confrontation between plaintiff and an angry parent, had assumed an affirmative duty to act, giving rise to a special duty (see Pascucci v Board of Educ. of City of N.Y., 305 A.D.2d 103 [2003]). The school safety agent witnessed a confrontation between plaintiff and the parent and attempted to...

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