KOZAKIEWICZ v. FRONTIER MIDDLE SCHOOL


37 A.D.3d 1138 (2007)

829 N.Y.S.2d 371

THOMAS KOZAKIEWICZ et al., Individually and as Parents and Natural Guardians of B.M.K., an Infant, Appellants, v. FRONTIER MIDDLE SCHOOL et al., Respondents, et al., Defendant.

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

Decided February 2, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action, individually and on behalf of their son, seeking damages for injuries sustained by their son when he was assaulted by a fellow eighth-grader following lunch recess. Supreme Court properly granted the motion of Frontier Middle School, Frontier Central School District, and Frontier Central School District...

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