RESSLER BUDER v. CITY OF NEW YORK


43 A.D.3d 720 (2007)

843 N.Y.S.2d 206

PAMELA RESSLER BUDER et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided September 20, 2007.


Plaintiff's theory is that defendants owed her a special duty of protection (see Vitale v City of New York, 60 N.Y.2d 861, 863 [1983] [general rule that absent a special duty, a municipality cannot be held liable for failure to provide police protection applies in favor of board of education in cases of classroom assaults on teachers by students]) because (1) her principal had promised her a paraprofessional for this special education...

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