Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.
On November 26, 2001 at about 2:50 P.M. the infant plaintiff, Kaila Smith, was punched in the left eye three times by a fellow seventh-grade student, Deseana Borkine, in the second floor hallway after her last class at the Poughkeepsie Middle School. It is alleged that there were no teachers or security monitors in the hallway at the...
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