Ordered that the order is affirmed, with costs.
On December 20, 1988, the infant plaintiff, who was 14 years old, was allegedly assaulted by another student outside the junior high school he attended, prior to commencement of classes. The plaintiff's mother brought him to Nassau County Medical Center, where he was found to have sustained a fracture of the proximal third of the humerous. The matter was pursued against the other student in Family Court. However, a notice...
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