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McCLEAN v. NATIONAL CENTER FOR DISABILITY SERVICES

30 A.D.3d 383 (2006)

816 N.Y.S.2d 551

RIGOBERTO McCLEAN, Respondent, v. NATIONAL CENTER FOR DISABILITY SERVICES et al., Appellants, et al., Defendant.

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

June 6, 2006.

Ordered that the order is affirmed, with costs.

The plaintiff, a paraplegic who was attending a vocational training school, alleged that he accidentally burned both of his legs after an employee in the school cafeteria had served him with excessively hot water in order for him to make tea. The appellants made a motion for summary judgment, arguing, in essence, that the plaintiff's having accidentally burned himself "does...

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