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ABRAHAM v. CITY OF NEW YORK

39 A.D.3d 21 (2007)

828 N.Y.S.2d 502

LORETTA ABRAHAM et al., Appellants, v. CITY OF NEW YORK et al., Respondents, and ROMAN CATHOLIC DIOCESE OF BROOKLYN, New York, et al., Appellants.

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

January 23, 2007.

Attorney(s) appearing for the Case

Vitarelli & DeSorbo, P.C. (Sanford F. Young, P.C., New York City [Jan B. Rothman] of counsel), for plaintiffs-appellants.

Murphy & Higgins, LLP, New Rochelle (David J. Rasmussen of counsel), for defendants-appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Francis F. Caputo and Susan Paulson of counsel), for respondents.

PRUDENTI, P.J., MASTRO and KRAUSMAN, JJ., concur.

OPINION OF THE COURT

FISHER, J.

The issue presented on this appeal concerns the extent to which a municipality may be held liable for the way it responds to a suspected outbreak of a communicable disease at a school.

Our Lady of Lourdes School is a parochial school run by the Roman Catholic Diocese of Brooklyn (hereinafter the Diocese) as an extension of Our Lady of Lourdes Church (hereinafter the church). The plaintiffs are current and former students...

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