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WILLIAM JOHN v. GREAT NECK UNION FREE SCHOOL DISTRICT

42 A.D.3d 437 (2007)

839 N.Y.S.2d 540

BRIAN WILLIAM JOHN, Appellant, v. GREAT NECK UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided July 10, 2007.

Ordered that the judgment is affirmed, with costs.

The trial court properly denied the plaintiff's request to charge the jury that the defendant was under a duty to use special skill and care as set forth in PJI 2:15 (2006 Supp) (see Krey v Board of Educ. of Scarsdale Union Free School Dist., 202 A.D.2d 397 [1994]). The plaintiff failed to show that the defendant relied on its employee's special skills in the performance...

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