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AVINS v. FEDERATION EMPL.

52 A.D.3d 30 (2008)

857 N.Y.S.2d 550

JON AVINS, Individually and as Father and Natural Guardian of ISABELLA AVINS, an Infant, Respondent, v. FEDERATION EMPLOYMENT AND GUIDANCE SERVICE, INC., et al., Appellants, et al., Defendants.

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

May 6, 2008.

Attorney(s) appearing for the Case

McAloon & Friedman, P.C., New York City (Adam R. Goldsmith and Timothy J. O'Shaughnessy of counsel), for appellants.

Ronemus & Vilensky, New York City (Robin Mary Heaney of counsel), for respondent.

GONZALEZ and SWEENY, JJ., concur with ANDRIAS, J.; MAZZARELLI, J.P., and SAXE, J., dissent in part in an opinion by SAXE, J.

OPINION OF THE COURT

ANDRIAS, J.

Because the complaint fails to allege any facts that would give rise to a duty of care on the part of defendants-appellants to control the conduct of a resident in one of their community residence programs or to prevent the resident from causing injury to the general public, we reverse and grant their motion to dismiss the complaint.

According to the complaint and newspaper articles submitted by plaintiff in opposition...

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