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ZIMMERMAN v. CITY OF NEW YORK

2925, 18563/02.

74 A.D.3d 439 (2010)

903 N.Y.S.2d 21

APRIL ZIMMERMAN et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided June 1, 2010.

In this action for personal injury sustained by a school psychologist during an altercation between two students, plaintiffs failed to allege or prove the existence of a special relationship that would establish an affirmative duty on defendants' part toward the injured party (see Cuffy v City of New York, 69 N.Y.2d 255, 260-261 [1987]). There was no evidence that the Board of Education...

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