MITSEL v. NEW YORK CITY BOARD OF EDUCATION


278 A.D.2d 291 (2000)

717 N.Y.S.2d 341

BORIS MITSEL et al., Respondents, v. NEW YORK CITY BOARD OF EDUCATION, Appellant.

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

Decided December 11, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

On September 13, 1994, the infant plaintiff (hereinafter the plaintiff) was a 6th grade student at P.S. 104 in Brooklyn. On that date the plaintiff and his classmates were lined up and waiting at the bottom of a stairwell in the school building. The wall of the stairwell contained glass window panels in which wire mesh was embedded...

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