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LEGETTE, JR. v. CITY OF NEW YORK

38 A.D.3d 853 (2007)

832 N.Y.S.2d 669

KARL LEGETTE, JR., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided March 27, 2007.

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

On May 10, 2004 the infant plaintiff allegedly was injured in a brief fight with another student in the schoolyard of a public elementary school located in Brooklyn. The infant plaintiff, by his father, and the father, individually, commenced this action against the City of New York and the Board of Education of the

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