Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the petition is denied.
On November 9, 2004 the infant petitioner was six years old and in the first grade at an elementary school operated by the appellant Central Islip Union Free School District (hereinafter the School District). During gym class that day, a fellow classmate came into such forceful contact with the infant plaintiff that she needed five or six stitches...
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