Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant New Rochelle Board of Education is granted.
The plaintiff Max Filiberto (hereinafter the plaintiff), a student at New Rochelle High School, allegedly sustained injuries when he was assaulted by a fellow student while eating lunch in the school...
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