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FULLER v. NEW YORK CITY BD. OF EDUC.

206 A.D.2d 452 (1994)

614 N.Y.S.2d 557

Jamada Fuller, an Infant, by Her Parent and Natural Guardian, Patricia Fuller, et al., Appellants, v. New York City Board of Education, Respondent

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

July 18, 1994

Ordered that the judgment is affirmed, with costs.

We agree with the trial court that the plaintiffs' notice of claim and bill of particulars did not sufficiently apprise the defendant of the assertions by the plaintiffs' attorney in his opening statement. In that statement, after conceding that the teacher who allegedly caused the accident was qualified, the plaintiffs' attorney asserted that they had a cause of action sounding in negligent supervision, because the...

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