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


168 A.D.2d 611 (1990)

Lisa Mercado, an Infant, by Her Father and Natural Guardian, Louis Mercado, Respondent, v. Board of Education of the City of New York, Appellant

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

December 24, 1990


Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

The infant plaintiff was a third grade student at a public school in Brooklyn. Since she was in a "visually impaired" program, transportation to and from school was provided by the defendant. Each day a "resource teacher" escorted her between the bus and the building. There was no evidence, however, that she did not then go about activities by herself during the school day...

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