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MOORES v. CITY OF NEWBURGH SCH. DIST.

237 A.D.2d 265 (1997)

655 N.Y.S.2d 411

Tricia Moores, an Infant, by Her Mother and Natural Guardian, Patricia A. Moores, et al., Appellants, v. City of Newburgh School District, Respondent

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

March 3, 1997

Ordered that the order is affirmed, with costs.

The infant plaintiff was injured as a result of an incident which occurred in a classroom at the defendant's school. While the teacher was outside the classroom, two boys were tossing an eraser back and forth. One of the boys missed the eraser and it hit a third student in the face. In response, the third student picked up a desk and threw it causing the infant plaintiff to...

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