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, dismissed the complaint, and held that the Board of Education did not have a special relationship with the plaintiff and therefore owed no duty of care. Chief Judge Lippman, in a concurring opinion, argued that a jury could have found a special relationship and would have held the Board liable.