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GARCIA v. CITY OF NEW YORK

222 A.D.2d 192 (1996)

646 N.Y.S.2d 508

David Garcia, Respondent, et al., Plaintiff, v. City of New York, Defendant, and New York City Board of Education, Appellant

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

August 15, 1996

Attorney(s) appearing for the Case

Cheryl Payer of counsel (Stephen J. McGrath on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellant.

Harry Steinberg of counsel (Brian J. Shoot on the brief; Schneider, Kleinick, Weitz, Damashek & Shoot, attorneys), for respondent.

SULLIVAN, J. P., ELLERIN and RUBIN, JJ., concur.

TOM, J.

The issue presented on this appeal concerns whether defendant New York City Board of Education (Board of Education) may be found liable for the sexual assault of a kindergarten student, who was sent to the bathroom alone and unsupervised.

Plaintiff, by his mother, commenced this action by the service of a summons and verified complaint, asserting that the school was negligent in permitting the...

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