DIANA G. v. OUR LADY QUEEN OF MARTYRS SCHOOL

2011-05381.

95 A.D.3d 944 (2012)

944 N.Y.S.2d 258

2012 NY Slip Op 3596

DIANA G. et al., Appellants, v. OUR LADY QUEEN OF MARTYRS SCHOOL et al., Respondents.

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

Decided May 8, 2012.


Ordered that the order is affirmed, with costs.

The infant plaintiff, a first-grade student, allegedly was injured while playing tag during recess at her school. During the game, a third-grade student, who was not playing the game, ran into the infant plaintiff, knocking her to the ground and causing her to hit her head. The infant plaintiff, by her father, and her father individually, commenced this action to recover damages for the infant plaintiff's injuries against...

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