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THOMAS v. HEMPSTEAD UNION FREE SCHOOL DISTRICT

56 A.D.3d 759 (2008)

868 N.Y.S.2d 142

BRIAN THOMAS et al., Appellants, v. HEMPSTEAD UNION FREE SCHOOL DISTRICT, Respondent.

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

November 25, 2008.

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

The plaintiff Brian Thomas, a seventh grade student in the defendant's middle school, allegedly was injured when the broken leg of the chair on which he was sitting in the classroom came down on his finger and sliced off the tip of his finger. The chair allegedly was not properly bolted to the...

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