SHANTE D. v. CITY OF NEW YORK


190 A.D.2d 356 (1993)

Shante D., an Infant, by Her Mother and Natural Guardian, Ada D., et al., Appellants, v. City of New York et al., Respondents

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

June 1, 1993


Attorney(s) appearing for the Case

Brian J. Isaac of counsel, New York City (Alan Chester Salzman with him on the brief; Salzman, Ingber & Winer and Pollack, Pollack, Isaac & DeCicco, attorneys), for appellants.

Ellen B. Fishman of counsel, New York City (Leonard Koerner with her on the brief; O. Peter Sherwood, Corporation Counsel of New York City, attorney), for respondents.

ROSENBERGER and WALLACH, JJ., concur with SULLIVAN, J. P.; KUPFERMAN, J., dissents in a separate opinion.


SULLIVAN, J. P.

This appeal* is from an order setting aside a $350,000 verdict in plaintiff's favor and dismissing the complaint alleging, inter alia, negligence by the Board of Education in the supervision of its students based on an incident in which plaintiff, a third-grade student in Community School (CS) 30, at 144-176 East 128 Street in Manhattan, was forced by two other...

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