LYNCH v. CITY OF YONKERS


292 A.D.2d 572 (2002)

739 N.Y.S.2d 441

CATHERINE LYNCH 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 March 25, 2002.


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

At the time of the accident, the nine-year-old infant plaintiff was at or near the front of a line of 12 to 14 of her fourth-grade classmates who were walking downstairs to exit their school at dismissal time. The students were supervised by their teacher at the back of the line. Owing to the configuration of the hallway, the teacher did not see the infant...

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