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HERNANDEZ v. CITY OF NEW YORK

24 A.D.3d 723 (2005)

808 N.Y.S.2d 714

JORGE L. HERNANDEZ, JR., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

December 27, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff allegedly was injured during an assault that occurred while on property maintained by the defendants as a high school at which the plaintiff was a student. He commenced this action, inter alia, to recover damages for negligent supervision. The defendants moved for summary judgment dismissing the...

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