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STAGG v. CITY OF NEW YORK

39 A.D.3d 533 (2007)

833 N.Y.S.2d 188

ANDRE STAGG et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided April 3, 2007.

Ordered that the order is affirmed, with costs.

On May 3, 2004 at approximately 4:00 P.M. the infant plaintiff, Andre Stagg, then 15 years of age, was on his way home from school when he was assaulted by a fellow student of the East New York Transit Technical High School upon exiting from the "A" train onto the Utica Avenue subway platform in Brooklyn, New York. The plaintiffs' complaint alleged, inter alia, that the defendants...

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