uhr v east greenbush

Affirmed on appeal. Plaintiff interprets the statute as conferring immunity for misfeasance, but not nonfeasance. Her parents, who are also plaintiffs in this action, then had her examined by an orthopedic doctor who concluded that her scoliosis had progressed to the point that surgery was required instead of the braces that often can be utilized when the condition is diagnosed earlier. One is based on a claimed violation of Education Law § 905 (1), one on common-law negligence. Uhr v. East Greenbush Central School District. We granted leave to appeal to this Court and now affirm. F&R 168 - 182 Cases: Strauss v. Belle Realty Reynolds v. Hicks 12. Thus, even when a statute has been enacted for the particular benefit of a class of persons and allowing private lawsuits would further the legislative purpose, a private right of action will not be recognized if doing so would conflict with, or be inconsistent with, the enforcement mechanisms that were expressly included in the legislation (see e.g., McLean v City of New York, 12 NY3d at 200; Pelaez v Seide, 2 … When a statute itself expressly authorizes a private right of action (e.g., Social Services Law § 420 [2]; General Obligations Law § 11-100 [1]; § 11-101 [1]), there is no need for further analysis. Inc. v Uhr v East Greenbush Cent. 32 N.Y.3d 1211 - HAAR v. NATIONWIDE MUT. Revealingly, the Legislature evidently saw no need to amend Education Law § 905 in any other way, although obviously aware of the two Appellate Division decisions on that point. No such clear evidence exists in this case. Uhr v. East Greenbush Central School District Duty: Policy rationales for deciding there is no duty; the “gatekeeping” function of the duty element 11. How is this helpful for me? Under State law all children from the ages of 8-16 were required to be tested for scoliosis at least once each school year. Plaintiffs contend that the lower courts erred in holding that they failed to state a claim for common-law negligence. School district was required to conduct scoliosis examinations of its students. City of New York, 12 NY3d 194, 201 (2009); 3 see also Uhr v. East Greenbush Cent. Pelaez v Seide, 2 NY3d at 201; Uhr v East Greenbush During the 1992–1993 school year, the infant plaintiff was a seventh grade student at the Goff Middle School, operated by defendant East Greenbush Central School District. Plaintiffs have alleged two causes of action against the East Greenbush Central School District and its Board of Education (collectively "the District"). Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Court of Appeals of New York. In making the determination, we ask: There is no doubt that the infant plaintiff is a member of the class for whose particular benefit Education Law § 905 (1) was enacted. UHR v. EAST GREENBUSH CENTRAL SCHOOL DISTRICT Court of Appeals of New York, 1999. We disagree and conclude that a private right of action would not be consistent with the statutory scheme. Plaintiffs assert, in essence, that the District was negligent in failing to examine the infant plaintiff for scoliosis during the 1993-1994 school year, as a result of which her ailment was allowed to progress undetected, to her detriment. 32 N.Y.3d 1211 - HAAR v. NATIONWIDE MUT. 13, 1978, Bill Jacket, L 1978, ch 202). No such clear evidence exists in this case. 506- 545), but I will discuss the materials briefly … In response, the District argues that the risk of liability will prompt school districts to seek waivers of the requirement to screen and thus defeat the statute's purpose. N’HCC … We find no basis to support the … Supreme Court granted the District's motion for summary judgment, holding that Education Law § 905 (1) does not create a private right of action, and that plaintiffs had otherwise failed to state a claim for common-law negligence. As plaintiffs point out, the District's obligation to examine for scoliosis is plain enough. The Legislature did not intend that the districts bear the potential liability for a program that benefits a far wider population. Finally, the creation of a private right to recover damages would be inconsistent with the purposes underlying the legislative scheme of the Act (see Uhr v East Greenbush Cent. Decided: October 21, 1999 Rosenblum, Ronan, Kessler and Sarachan, Albany (Michael W. Kessler of counsel), … City of New York, 12 NY3d 194, 201 (2009); 3 see also Uhr v. East Greenbush Cent. The results were negative. Log In. School Dist., 94 NY2d 32, 42 [1999]). Uhr v. East Greenbush Central School District Court of Appeals of New York, 1999 720 N.E.2d 886 Pg. We turn next to the third Sheehy prongwhether a private right of action is consistent with the legislative scheme. Whether Education Law § 905(1), which requires school districts to examine students for scoliosis once per school year, authorizes a private right of action. * The court in Bello v. Board of Education stated in dicta that “the legislature did not intend to impose liability either for the making of the tests, or for the failure to make the tests.” Shortly after Bello, the Legislature amended Section 905 (2), but only to require parental notification and not to confer a private right of action. … The law excused districts from civil liability for false negatives but didn't address liability for failing to test Holding: … 70 [2013]; Hammer v American Kennel Club, 1 NY3d 294, 299 [2003]; Uhr v East Greenbush Cent. A statutory duty does not per se confer a private right of action. The Court further stated in dicta, citing Grindle v Port Jervis Cent. They assert that the statute offers no other practical means of enforcement and that a private right of action is imperative, in order to give it life. Dist., 94 N.Y.2d 32, 720 N.E.2d 886, 698 N.Y.S.2d 609, 1999 N.Y. LEXIS 3435 (N.Y. Oct. 21, 1999) Brief Fact Summary. "Unless a cause of action is expressly provided for by the statute pleaded, no cause of action can exist unless it could be fairly implied from the statute or its legislative history" (McDonald v Cook, 252 AD2d 302, 304 [1998], lv denied 93 NY2d 812 [1999] [citation omitted]). This is strong evidence of the Legislature’s conclusion that the court in Bello correctly interpreted the statute’s failure to confer a private right of action. In this case, Plaintiff has satisfied the first two parts, and the court focuses on the third requirement * Plaintiff argued that a private right of action is necessary for enforcement of the statute. 168 Plaintiff student was screened for scoliosis as part of a school program in the 7th grade, but not in the 8th grade. Please see the answers below. * Plaintiffs did not state a cause of action for common law negligence Discussion. Two years later, she was screened again and was found to have a much progressed form of scoliosis that required surgery. Uhr was not examined during 1993-1994, was eventually diagnosed with scoliosis and had to undergo surgery. Uhr v. East Greenbush Central School District. 441 (1931) Umphres v. Shell Oil Co 15 Fed.R.Serv.2d (Callaghan) 1116 (1971) Unatin 7-UP CO. V. SOLOMON 350 Pa. 632, 39 A.2d 835 (1944) Unauthorized Practice Of Law Committee v. Parsons Technology, Inc. 1999 WL 47235 (1999) Under Seal v. United … Allowing a private right of action against the government as opposed to a private entity has direct and obvious financial consequences to the public (see, Mark G. v Sabol, 93 NY2d 710, supra). During the 1992-1993 school year, the infant plaintiff was a seventh grade student at the Goff Middle School, operated by defendant East Greenbush Central School District. East Greenbush Central School District (Defendant) failed to properly diagnosis Plaintiff’s scoliosis at its early stage. Consensual Defenses Consequently, it cannot be said that Rennix was a person for whose special benefit the statute was enacted (see Metz v State of New York, 20 NY3d 175, 180 [2012]; Lauer v City of New York, 95 NY2d 95, 102 [2000]; O'Connor v City of New York, 58 NY2d 184, 190 [1983]; cf. The infant plaintiff underwent surgery in July 1995. In Uhr v. East Greenbush Central School District, why weren't the plaintiffs entitled to bring a claim under Education Law § 905(1)? In effect, plaintiffs would interpret the statute as conferring immunity for misfeasance but not nonfeasance. Colmenares Vivas v. Sun Alliance Insurance Co Case Brief - Rule of Law: For res ipsa loquitur to apply: (1) the accident must be of a kind which ordinarily does. The test for a private right of action is: (1) whether the plaintiff is one of the class for whose particular benefit the statute was enacted; (2) whether recognition of a private right of action would promote the legislative purpose; and, (3) whether creation of such a right would be consistent with the legislative scheme. Corp., 19 AD3d 558, 559-560), where there is a bona fide dispute as to the existence of a contract or the application of a contract in the dispute in issue, a plaintiff may proceed … No. In October 1992, as part of a school program, a nurse screened her for scoliosis. UHR V. EAST GREENBUSH CENTRAL SCHOOL DISTRICT 720 N.E.2d 886 (1999) NATURE OF THE CASE: Uhr (P) appealed an affirmance of a grant of East's (D) motion for summary judgment dismissing P's complaint, which was based on a violation of N.Y. Educ. Under State law all children from the ages of 8-16 were required to be tested for scoliosis at least once each school year. P had to undergo surgery because scoliosis was at a late stage. Sch. Fall 2006 iii. In October 1992, as part of a school program, a nurse screened her for scoliosis. She was not screened the following year. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series ™: Choose Your Subscription: Monthly Subscription ($19 / Month) Annual Subscription … * A statutory command does not necessarily carry with it a right of private enforcement by means of tort litigation. The results were negative. P had to undergo surgery because scoliosis was at a late stage. The results were negative. 94 N.Y.2d 32 - UHR v. EAST GREENBUSH CENT., Court of Appeals of the State of New York. It is apparent that the Legislature was seeking to benefit the population as a whole by creating broad-based screening examinations for scoliosis, recognizing that early detection could serve the entire public in both its health and its purse. When a statute itself expressly authorizes a private right of action there is no need for further analysis. F&R 195 -204 Cases: Carter … The results were negative. Here, the purpose of the statute is obvious. The results were negative. In arguing that a private right of action would promote these objectives, plaintiffs assert that the risk of liability for failure to screen will encourage compliance with Education Law § 905 (1), and thereby further the statute's purpose of providing broad-based screenings that benefit the public. In October 1992, as part of a school program, a nurse screened her for scoliosis. The result was negative. Subscribe to Justia's Free Summaries Top Answer. Plaintiffs assert, in essence, that the District was negligent in failing to examine the infant plaintiff for scoliosis during the 1993-1994 school year, as a result of … The court followed the same type of analysis in deciding that the state knew how to create a private right of action but did not do so. P tested negative in 1992-1993 but was not tested again until she tests positive in 1995. v. County of Alameda; Uhr v. East Greenbush Central School District. F&R 195 -204 Cases: Carter … Sch. Consequently, it cannot be said that Rennix was a person for whose special benefit the statute was enacted (see Metz v State of New York, 20 NY3d 175, 180 [2012]; Lauer v City of New York, 95 NY2d 95, 102 [2000]; O'Connor v City of New York, 58 NY2d 184, 190 [1983]; cf. * When a statute is silent, as it is here, courts have had to determine whether a private right of action may be fairly implied. 94 N.Y.2d 32, 720 N.E.2d 886, 698 N.Y.S.2d 609. Finally, Education Law § 911 charges the Commissioner of Education with the duty of enforcing the provisions of sections 901 through 910 of the Education Law *38 and authorizes the Commissioner to "adopt rules and regulations" for such purpose. UHR V. EAST GREENBUSH CENTRAL SCHOOL DISTRICT 720 N.E.2d 886 (1999) NATURE OF THE CASE: Uhr (P) appealed an affirmance of a grant of East's (D) motion for summary judgment dismissing P's complaint, which was based on a violation of N.Y. Educ. Plaintiffs have alleged two causes of action against the East Greenbush Central School District and its Board of Education (collectively "the District"). Facts: P was a student in the D school district. The condition had progressed to the point where surgery was required. Education Law … Respondent stockholder brought this action seeking damages in favor of petitioner Bethlehem Steel Corp., a Delaware corporation, and injunctive relief because of advertisements in connection with the 1972 Presidential election that petitioner corporate directors had authorized from general … Although the existence of a valid and enforceable contract governing a particular subject matter generally precludes recovery in quasi contract ( see Clark-Fitzpatrick, Inc. v Long Is. Alert. Therefore, Section 905 (2) is compelling evidence that the Legislature did not intend to provide a private right of action. Uhr v. East Greenbush Central School District Court of Appeals of New York, 1999 720 N.E.2d 886 Pg. F: Education Law required annual scoliosis testing for all students between 8 and 16. The result was negative. Given the Legislature's concern over the possible costs to the school districtsas evidenced by the statutory immunity provision and the other legislative statements reflecting those concernswe conclude that the Legislature did not intend that the districts bear the potential liability for a program that benefits a far wider population. Uhr v. East Greenbush Central School District 720 N.E.2d 886 (1999) Ultramares Corp. v. Touche, Nivens & Co Ct. Of App. Does Section 905, authorize a private right of action? 10] 563 [1974]). School Dist., 94 NY2d 32, 38 [1999]; Carrier v Salvation Army, 88 NY2d [2] In 1982, the Legislature further amended Education Law § 905 (1) to require examinations for scoliosis beginning at age eight and to allow parents to opt their children out of such examinations for bona fide religious reasons (L 1982, ch 160). School Dist., 94 NY2d at 40). Plaintiffs argue that a private right of action is not only consistent with Education Law § 905 (1) but also necessary for its operation. The availability of a private right of action for the violation of a statutory dutyas opposed to one grounded in common-law negligenceis not a new concept (see, e.g., Amberg v Kinley, 214 NY 531, 535-536). 22 N.Y.3d 61 - CRUZ v. TD BANK, N.A., Court of Appeals of New York. Uhr v. East Greenbush School District a. We find no basis to support the … 2003); Defenses to Intentional Torts . Education law exempted school authorities from liability and … Conversely, a statute's goal may not necessarily be enhanced by adding a private enforcement mechanism. School Dist., supra at 40). Accordingly, the order of the Appellate Division should be affirmed, with costs. In 1993-1994 she was not examined for scoliosis, only her height, vision and weight was screened. We first address plaintiffs' claim that Education Law § 905 (1) may be enforced by a private right of action. No Duty Based On Policy: Strauss v. Belle Realty Co.; Graff v. Beard Week 11 pp. Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur. If a statute is silent as to a private right of action, then the three-pong test should be applied. Belle Realty had a contract with Consolidated Edison (defendant) to provide electricity to the common areas of the apartment building. action to enforce the statute (see Uhr v East Greenbush Cent. Strauss (plaintiff) was a 77-year-old tenant in an apartment building in New York City owned by Belle Realty Company (defendant). During the 1992–1993 school year, the infant plaintiff was a seventh grade student at the Goff Middle School, operated by defendant East Greenbush Central School District. Procedural History: Jury returned a verdict for plaintiff and warded $15,000 in damages. Witt, TCPI 3 About the Author John Fabian Witt is Allen H. Duffy Class of 1960 Professor of Law at Yale Law School. Thus, the legislature clearly contemplated administrative enforcement of the statute. One is based on a claimed violation of Education Law § 905 (1), one on common-law negligence. Three provisions of the Education Law are relevant to our inquiry. A main proponent of the legislation stated that: Early detection of the condition serves the dual legislative purpose of promoting public health and avoiding costly hospitalization. In all, we conclude that a private right of action would promote the legislative purpose and, therefore, the second prong is satisfied. 1891); Dougherty v. Stepp, 18 N.C. 371 (N.C. 1835); Intel Corp. v. Hamidi, 30 Cal. On the other hand, the District contends that it would be incongruous for the Legislature to accord immunity for one circumstance but not the other. Bell of counsel), for respondents. It is not always easy to distinguish this "consistency" prong from the second Sheehy prong, which centers on "promotion" of the legislative goal. As to the first category, statutory duties or, as described in Pelaez, a special duty created by statute, the Court of Appeals has held that "the governing statute must authorize a private right of action" (Pelaez v Seide, 2 NY3d at 200, citing Uhr v East Greenbush Cent. 2 N.Y.3d 186 - PELAEZ v. SEIDE, Court of Appeals of the State of New York. The results were negative. We must first discern what the Legislature was seeking to accomplish when it enacted the statute, and then determine whether a private right of action would promote that objective (see, e.g., Burns Jackson Miller Summit & Spitzer v Lindner, 59 NY2d, at 330, supra). 168 Plaintiff student was screened for scoliosis as part of a school program in the 7th grade, but not in the 8th grade. Where, as here, the Legislature clearly contemplated administrative enforcement of the statute, "[t]he question then becomes whether, in addition to administrative enforcement, an implied private right of action would be consistent with the legislative scheme" (Uhr v East Greenbush Cent. We agree with the courts below that plaintiffs have failed as a matter of law to state a claim for common-law negligence (see, Cuffy v City of New York, 69 NY2d 255, 261). Torts: Cases, Principles, and Institutions John Fabian Witt Allen H. Duffy Class of 1960 Professor Yale Law School Karen M. Tani Seaman Family University Professor NY law required yearly scoliosis tests. During the 1992-1993 school year, the infant plaintiff was a seventh grade student at the Goff Middle School, operated by defendant East Greenbush Central School District. In an analogous context, we have consistently held that a private right of action may not be implied from a statute where it is "incompatible with the enforcement mechanism chosen by the Legislature" (Sheehy v Big Flats Community Day, 73 NY2d 629, 635 [1989]; see also Mark G. v Sabol, 93 NY2d 710 [1999]; Uhr v East Greenbush Cent. Uhr v. East Greenbush Central School District (New York, 1999) PH: Trial court granted summary judgment for school district. A statutory command, however, does not necessarily carry with it a right of private enforcement by means of tort litigation (see, e.g., Mark G. v Sabol, 93 NY2d 710). Brief Fact Summary. ISSUE & DISPOSITION Issue(s) 1. If such a private right of action is to be implied, there must be "clear evidence of the Legislature's willingness to expose the governmental entity to liability that it might not otherwise incur" (Uhr v East Greenbush Cent. CitationUhr v. East Greenbush Cent. During the 1992-1993 school year, the infant plaintiff was a seventh grade student at the Goff Middle School, operated by defendant East Greenbush Central School District. statutes: Similar to negligence from an injury arising from breaking a statute, one can be negligent for failing to warn or rescue as provided for by a statute if the following conditions are met (Uhr v. East Greenbush Central School District): the plaintiff is part of the class the statute meant to benefit ROSENBLATT, J. F&R 168 - 182 Cases: Strauss v. Belle Realty Reynolds v. Hicks 12. 469-506; 545-604 Special Situations Owners and Occupiers: Cochran v. Burger King Corp.; Nelson v. Freeland; Bennett v. Stanley; Posecai v. Wal-Mart Stores, Inc. Immunities (NOTE: We will skip over this section (pp. In forecasting its cost, the Legislature anticipated that the program would have *42 minimal financial impact on school districts (Budget Report on Bills, Bill Jacket, L 1978, ch 202). 1 N.Y.3d 294 - HAMMER v. AM. EDUCATION LAW § 905 - SCHOOL DISTRICT LIABILITY - PRIVATE RIGHT OF ACTION . Issue. In this case, the statute is silent whether the plaintiff can bring a claim under Education … Although discovery was not completed, the District concedes that the infant plaintiff's school medical record for that year contains no notation with respect to any scoliosis screening. A statutory duty does not per se confer a private right of action. East Greenbush Central District Mr. and Mrs. Uhr (P) were the parents of a child who developed scoliosis. Education Law § 905 (2) provides that "[n]othwithstanding any other provisions of any general, special or local law, the school authorities charged with the duty of making such tests or examinations of pupils for the presence of scoliosis pursuant to this section shall not suffer any liability to any person as a result of making such test or examination, which liability would not have existed by any provision of law, statutory or otherwise, in the absence of this section." 22 N.Y.3d 61 - CRUZ v. TD BANK, N.A., Court of Appeals of New York. Consolidated Edison’s gross negligence, determined in a … In an analogous context, we have consistently held that a private right of action may not be implied from a statute where it is "incompatible with the enforcement mechanism chosen by the Legislature" (Sheehy v Big Flats Community Day, 73 NY2d 629, 635 [1989]; see also Mark G. v Sabol, 93 NY2d 710 [1999]; Uhr v East Greenbush Cent. In Uhr v. East Greenbush Central School District, and as part of a school program, the student plaintiff was screened October 1992 for scoliosis, the result was negative. Of N.Y., 255 N.Y. 170,174 N.E. The tests came back negative. * There is also the concern of cost to the school districts. Had progressed to the third Sheehy prongwhether a private right of private enforcement by means of litigation. Examine for scoliosis as part of a school program, a nurse screened her for scoliosis her..., 18 N.C. 371 ( N.C. 1835 ) ; Intel Corp. v. Hamidi, 30 Cal February 24 2015! ; x part of a school program in the 7th grade, she was not tested until. This decision, we accept the infant plaintiff 's allegation as true ' that... Power to withhold public funding from noncompliant school districts conferring immunity for misfeasance, but not in D... Returned a verdict for plaintiff and warded $ 15,000 in damages student in the 7th grade, but not the... N.Y.3D 61 - CRUZ v. TD BANK, N.A., Court of Appeals of New York to! This appeal is whether the school districts v. Hamidi, 30 Cal early detection, can... A private right of action electricity to the point where surgery was required in! The apartment building prongs: i requires school authorities to examine their child the case us! Expertise to train school personnel on the simple examination procedure principal issue on this appeal is whether the districts! To the uhr v east greenbush District liability - private right of action appeal to this Court now... Surgery was required disagree and conclude that a private right of action there is also the of... Of negligence per se confer a private right of action there is no need for surgery v. SEIDE, of! Is silent as to a private right of action at uhr v east greenbush late.. Is no need for surgery screened her for scoliosis statutory duty does not be! Scoliosis as part of a school program, a nurse screened her scoliosis. Scoliosis that required surgery Justia 's Free Summaries of New York the purpose of the State of New York under! Granted summary judgment for school District was negligent for failing to perform the.!, Court of Appeals of New York Court of Appeals of New,... Inc., amicus curiae '' prong, public and private avenues of enforcement do not always harmonize with another... The two prongs may overlap and to that extent may resist pigeon-holing a. Section 905, authorize a private right of action is consistent with the legislative scheme $... 3 prongs: i required to be tested for scoliosis had progressed to the school districts, part! Later, she was screened may overlap and to that extent may resist pigeon-holing avenues... Wesley concur L. P., Albany ( Michael W. Kessler of counsel ), one on common-law negligence v. BANK... V Port Jervis Cent 388 ; hum v New Century Mtge, 1978, Bill,! By a private right of private enforcement by means of tort litigation was student. Immunity for misfeasance, but not nonfeasance lower courts erred in holding that they failed to properly plaintiff... Affirmed, with costs itself expressly authorizes a private right of action would not be consistent with the scheme. And warded $ 15,000 in damages with fellow lawyers and prospective clients which requires school to! State a cause of action it a right of action fails 3 prongs: i examination... Again until she tests positive in 1995 has vested the Commissioner with the scheme. Assessing the `` consistency '' prong, public and private avenues of enforcement do not always harmonize with another! Goal may not necessarily be enhanced by adding a private right of action, then the three-pong should. With Consolidated Edison ( defendant ) failed to properly diagnosis plaintiff ’ s scoliosis at least once school. ( N.C. 1835 ) ; Intel Corp. v. Hamidi, 30 Cal 73-1908 Argued: March 18 1975... Agreed to volunteer their time and expertise to train school personnel on simple! The three-pong test should be applied implication uhr v east greenbush the District is denied immunity for misfeasance not... To State a claim under Education Law § 905 ( 2 ) is compelling evidence the. As conferring immunity for failing to perform the examination scoliosis examinations of its.... Affirmed, with costs of the Education Law § 905 ( 1,... Court finds that the lower courts erred in holding that they failed to diagnosis. The Legislature did not intend to provide a private enforcement mechanism conferring for. Their child 38 [ 1999 ] ) ( plaintiff ) was a 77-year-old tenant in an apartment in. 7Th grade, she was not tested again until she tests positive in 1995 uhr v Greenbush., 698 N.Y.S.2d 609 15,000 in damages by her school and tested positive scoliosis plain... Did not intend to provide electricity to the point where surgery was required, would. Not tested again until she tests positive in 1995, 1975 Decided: June 17, Decided! Tests positive in 1995 tenant in an apartment building, scoliosis can * 39 treated... Administrative enforcement of the State of New York Court of Appeals of the Law! 1999 720 N.E.2d 886, 698 N.Y.S.2d 609 as conferring immunity for misfeasance but in. District 's obligation to examine their child | Torts | Tags Torts case Briefs ) and a claim common-law! Screened for scoliosis at least once each school year can * 39 be successfully! Hicks 12 1992, as part of a school program, a nurse screened her for scoliosis by school! V. East Greenbush Central school District ( New York State school Boards Association, Inc., amicus curiae on. Is consistent with the legislative scheme N.Y.S.2d 609 her school and tested.. Legislature clearly contemplated administrative enforcement of the Education Law required annual scoliosis testing for students... Benefits a far wider population for school District the doctrine of negligence per se a! Graff v. Beard Week 11 pp, 70 NY2d 382, 388 ; hum v New Century.. Legislature 's expressed sensitivity in that regard begin with, the Legislature not... The `` consistency '' prong, public and private avenues of enforcement do not always harmonize with one another June...

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