PEREZ v. BOARD OF EDUCATION OF THE CITY OF NEW YORK


291 A.D.2d 269 (2002)

737 N.Y.S.2d 599

IWELDA PEREZ, Individually and as Mother and Natural Guardian of KIDANNY COLON, an Infant, Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided February 14, 2002.


The infant plaintiff, a second grader, was standing near the cubbies in his classroom where students stored their personal belongings and supplies when he was accidentally poked in the eye with a sharpened pencil by another student as she attempted to detach a removable eraser from the pencil. The action was properly dismissed for plaintiff's failure to rebut defendant school board's prima facie showing that no accidents like this had ever happened before (see, Ohman v...

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