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BARRETTO v. CITY OF NY

229 A.D.2d 214 (1997)

655 N.Y.S.2d 484

Jose Barretto, Respondent, 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.

April 1, 1997

Attorney(s) appearing for the Case

Margaret G. King of counsel (Barry P. Schwartz on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellant.

Stephen B. Toner of counsel (Dan Schiavetta, Jr., on the brief; Murphy & Higgins, attorneys), for respondent.

ELLERIN, MAZZARELLI and ANDRIAS, JJ., concur.

SULLIVAN, J. P.

The New York City Board of Education appeals from a judgment awarding damages to plaintiff, an 18½-year-old high school senior and member of the school's volleyball team, who, on April 12, 1988, injured his spine and suffered paralysis from the chest down when, in the coach's absence, during an equipment setup prior to the start of practice, he attempted a gymnastic dive over a half-raised...

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