MILES v. HICKSVILLE U.F.S.D.


56 A.D.3d 625 (2008)

867 N.Y.S.2d 537

LAUREN MILES et al., Respondents, v. HICKSVILLE U.F.S.D., et al., Appellants.

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

November 18, 2008.


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

On the morning of September 15, 2005 the infant plaintiff, who attended a school located within the Hicksville Union Free School District, went to her first class of the day. She sat down at a particular desk that had a metal basket beneath it, for students to put their books in. The basket consisted of several thin, metal rods affixed...

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