New York Court of Appeals

Zelinda Antoinette Dinardo, Respondent v. City of New York, Defendant, and Board of Education of the City of New…

December 1, 200913 N.Y.3d 872

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the complaint, holding that the plaintiff did not establish a special relationship or justifiable reliance on the Board of Education's vague assurances, and therefore the Board was not liable. A concurrence argued that a jury could have found a special relationship but agreed with the majority on the result due to discretionary immunity.