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MOODY v. NEW YORK CITY BOARD OF EDUCATION

8 A.D.3d 639 (2004)

780 N.Y.S.2d 603

JANESSICA MOODY et al., Respondents, v. NEW YORK CITY BOARD OF EDUCATION, Appellant.

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

June 28, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.

The 12-year-old infant plaintiff allegedly was injured when he entered a classroom with another student who was not in the class. The infant plaintiff and the other student were engaged in some horseplay, and the teacher directed the other student to leave the room. Before he did so, the other student pushed or threw the...

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