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CRANSTON v. NYACK PUBLIC SCHOOLS

303 A.D.2d 441 (2003)

756 N.Y.S.2d 610

ANDREW CRANSTON et al., Appellants, v. NYACK PUBLIC SCHOOLS, Respondent.

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

Decided March 10, 2003.

Ordered that the order is affirmed, with costs.

The infant plaintiff was placed by the defendant in a special education class for children with behavioral problems. On February 11, 1999, he and two other students were being instructed and supervised by at least one teacher and one teaching assistant. At some point in time, two of the students, "Drew" and "Michelle," were interacting. According to the infant plaintiff's deposition testimony, he went over to "Drew"...

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