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TOTAN v. BD. OF EDUC. OF THE CITY OF NEW YORK

133 A.D.2d 366 (1987)

Simona Totan et al., Appellants, v. Board of Education of the City of New York, Respondent

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

September 14, 1987

Ordered that the judgment is affirmed, with costs.

On June 4, 1982, the infant plaintiff, then an 11-year-old, fifth-grade pupil at P.S. 88 in Queens, was injured while playing the game of "Red Rover" in the school yard during lunch recess. According to the testimony presented at the trial, school regulations prohibited children from engaging in this game which involved running and pushing through a line of children linked...

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