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ROLLINS v. NEW YORK CITY BOARD OF EDUCATION

1593, 108311/04

68 A.D.3d 540 (2009)

2009 NY Slip Op 9292

889 N.Y.S.2d 456

MARIA ROLLINS, Respondent, v. NEW YORK CITY BOARD OF EDUCATION, Appellant.

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

Decided December 15, 2009.

Plaintiff, a school safety officer, had to show a special relationship in order to state a claim for negligent failure to protect her from injury caused by a student (see Dinardo v City of New York, ___ NY3d ___, 2009 NY Slip Op 08853 [2009]; Cuffy v City of New York, 69 N.Y.2d 255, 261 [1987]). Since she raised neither that legal theory nor the factual predicate — an alleged oral promise and policy with the special...

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