Ordered that the judgment is reversed, on the law, with costs, that branch of the motion of the defendants City of New York and Board of Education of the City of New York which was pursuant to CPLR 4404 to set aside the verdict and for judgment as a matter of law is granted, and the complaint is dismissed.
The infant plaintiff, Joseph Bari, a fifth-grade student, was injured during a luncheon recess when the defendant Terrell Cudjoe tripped him while playing a game...
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