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S.K. v. CITY OF NEW YORK

19 Misc.3d 493 (2008)

856 N.Y.S.2d 448

S.K., an Infant, by His Father and Natural Guardian, PHILIP K., Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

February 26, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City, for defendants.

Dansker & Aspromonte Associates, New York City, for plaintiff.

OPINION OF THE COURT

DONALD SCOTT KURTZ, J.

Defendants move for an order dismissing plaintiff's complaint pursuant to CPLR 3211 and 3212.

On October 20, 1999, plaintiff S.K., a seventh-grade student, was injured during a fight with L.C., a fellow student at the end of gym class. L.C. struck plaintiff in the head causing the hemorrhage of a latent congenital vascular malformation which necessitated...

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