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

127 A.D.2d 759 (1987)

Ibrahim Toure, an Infant, by His Mother and Natural Guardian, Mafoule Toure, et al., Appellants, v. Board of Education of the City of New York, Respondent, et al., Defendant

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

February 17, 1987

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The trial court properly instructed the jury that the defendant Board of Education of the City of New York had the same duty towards the students in its care and custody as was owed by a reasonably prudent parent (see, e.g., Lawes v Board of Educ., 16 N.Y.2d 302, 305). Additionally, since the issue of whether reasonable...

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