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ROBINSON v. CITY OF NEW YORK

37 A.D.3d 447 (2007)

829 N.Y.S.2d 599

DOMINICK ROBINSON et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 6, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion, inter alia, for summary judgment dismissing the complaint is denied.

The infant plaintiff, a student at IS 285 in Brooklyn, allegedly was assaulted and injured by two other students on school grounds, at about 3:30 P.M. on February 10, 2003.

The defendants failed to make a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp.,

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