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LOCKLEY v. BOARD OF EDUCATION OF CITY OF NEW YORK

302 A.D.2d 370 (2003)

753 N.Y.S.2d 894

MELISSA LOCKLEY et al., Appellants, v. BOARD OF EDUCATION OF CITY OF NEW YORK, Respondent.

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

Decided February 3, 2003.

Ordered that the order is affirmed, with costs.

The infant plaintiff sustained injuries, when, while walking down the stairs at school, someone pushed her, causing her to fall.

The defendant established that the sudden and unforeseen act which caused the infant plaintiff's injuries could not have been prevented by any reasonable degree of supervision by it. In response, the plaintiffs failed to put forward any evidence...

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