Legal Opinion

Cohen v. Wales

Appellate Division of the Supreme Court of the State of New York

Decided August 10, 1987PublishedCited by 15 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Patsalos, J.), dated April 14, 1986, which granted the motion of defendant the Board of Education of the Warwick School District (here*95inafter Warwick) to dismiss the complaint insofar as it is asserted against it for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

In opposing Warwick’s motion to dismiss, the plaintiffs failed to carry their burden of establishing a sufficient factual predicate on which to posit a duty…

2Cases cited4 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Pulka v. EdelmanNew York Court of Appeals · 1976
  3. Pratt v. RobinsonNew York Court of Appeals · 1976
  4. Bell v. PerrinoAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by15 opinions

  1. Randi W. v. Muroc Joint Unified School DistrictCalifornia Supreme Court · 1997
  2. Pappas v. Harrow Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  3. Davis v. Board of County CommissionersNew Mexico Court of Appeals · 1999
  4. K. I. v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 1998
  5. Estevez-Yalcin v. Children's VillageDistrict Court, S.D. New York · 2004

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