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M.V. v. CITY OF NEW YORK

3827.

149 A.D.3d 641 (2017)

2017 NY Slip Op 03131

52 N.Y.S.3d 362

M.V., an Infant, by His Father and Natural Guardian, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 25, 2017.

Dismissal of the complaint was proper in this action where the infant plaintiff was injured when, while he was participating in a game of tag, a fellow classmate "accidentally bumped" into him, causing him to crash into the wall of the gymnasium. Plaintiff's own testimony as to how the accident occurred demonstrates that no additional supervision could have prevented his injury (see Jorge C. v City of New York,

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