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LEVINE v. GREAT NECK UNION FREE SCHOOL DISTRICT

304 A.D.2d 536 (2003)

758 N.Y.S.2d 119

JESSE LEVINE et al., Respondents, v. GREAT NECK UNION FREE SCHOOL DISTRICT, Appellant, et al., Defendant.

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

Decided April 7, 2003.

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

We agree with the Supreme Court that there exist triable issues of fact (see CPLR 3212 [b]) as to whether the defendant school district breached a duty to provide adequate supervision and whether such negligence was a proximate cause of the infant plaintiff's injuries. The defendant Quintin Farrell's history of violent and aggressive behavior...

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