Appellate Division of the Supreme Court of New York, 1986

Cunetta v. Board of Education

Cunetta v. Board of Education
Appellate Division of the Supreme Court of New York · Decided June 30, 1986
121 A.D.2d 677; 503 N.Y.S.2d 1011; 1986 N.Y. App. Div. LEXIS 58667
Cunetta v. Board of Education

Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Scholnick, J.), entered *678October 7, 1985, which granted the respondents’ motion to dismiss the complaint as against them for failure to state a cause of action, or, in the alternative, for summary judgment dismissing the complaint.

Order affirmed, with costs.

The respondents cannot be held liable in this matter absent a special duty owed to the plaintiffs (see, e.g., Vitale v City of New York, 60 NY2d 861, rearg denied 61 NY2d 759). In opposing the respondents’ motion, the plaintiffs failed to meet their burden of establishing a sufficient factual predicate to indicate the existence of such a special duty (see, Corcoran v Community School Dist. 17, 114 AD2d 835).

We have reviewed the plaintiffs’ remaining contentions and find them to be without merit. Thompson, J. P., Niehoff, Rubin and Kunzeman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.