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CRUZ v. CITY OF YONKERS

268 A.D.2d 501 (2000)

702 N.Y.S.2d 356

STEPHEN CRUZ, an Infant, by Her Parent and Natural Guardian, EMILY CRUZ, et al., Respondents, v. CITY OF YONKERS et al., Appellants.

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

Decided January 24, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The five-year-old infant plaintiff was allegedly abused at school by a sixth-grade student in January or February 1995. It was not discovered by the infant's mother until he disclosed it on March 13, 1995. She promptly reported it to school authorities and the Yonkers Police Department on March 15, 1995. On June 9, 1995, the plaintiffs served a notice of claim upon the defendants. The defendants...

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