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CASTRO v. CITY OF NEW YORK DEPARTMENT OF EDUCATION

50 A.D.3d 402 (2008)

854 N.Y.S.2d 313

NICHOLAS CASTRO, an Infant, by His Mother and Natural Guardian, LINDA VINUEZA, et al., Respondents, v. CITY OF NEW YORK DEPARTMENT OF EDUCATION et al., Appellants.

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

Decided April 10, 2008.

The infant plaintiff, a three-year-old "special needs" student at defendant Birch's early childhood center, was allegedly injured by another student at school on three occasions in late 2002 and early 2003. The final injury was a broken femur. Plaintiffs seek to hold defendants liable for negligent supervision.

The school authorities were not entitled to summary judgment on this record (see Garcia v City of New York, 222 A.D.2d 192

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