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OCASIO v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

35 A.D.3d 825 (2006)

827 N.Y.S.2d 265

PRISCILLA OCASIO et al., Respondents, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Appellants, et al., Defendant.

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

Decided December 26, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action seeking to recover damages for injuries the infant plaintiff allegedly sustained when, upon being pushed by a schoolmate, he fell down a staircase at Public School 8 during an after-school program run by the defendant YMCA of Greater New York. It is undisputed that there was no handrail on the right side of the staircase...

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