LUINA v. KATHARINE GIBBS SCHOOL NEW YORK, INCORPORATED


37 A.D.3d 555 (2007)

830 N.Y.S.2d 263

DAVID LUINA, Appellant, v. KATHARINE GIBBS SCHOOL NEW YORK, INCORPORATED, Respondent, et al., Defendants.

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

Decided February 13, 2007.


Ordered that the order is affirmed, with costs.

The plaintiff, while attending the college operated by the defendant Katharine Gibbs School New York, Incorporated (hereinafter Gibbs), allegedly sustained injuries when a fellow student, the defendant Louis Brown, punched him in the face during an altercation in their classroom before the start of the class.

To prevail on a negligence claim, a plaintiff must establish the existence of a legal duty, a breach...

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