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ESPONDA v. CITY OF NEW YORK

62 A.D.3d 458 (2009)

878 N.Y.S.2d 330

JENEXY ESPONDA, an Infant, by Her Mother and Natural Guardian, BLANCA ESPONDA, et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided May 7, 2009.

Plaintiffs' negligence action is premised on allegedly inadequate supervision by the infant plaintiff's elementary school. In September 2005, plaintiff, a student in the third grade, injured her wrist during a fire drill when two other students bumped into her from behind, causing her to fall. The evidence established that the school's entire population of about 1,000 students, teachers, administrators and others participated in the drill. Plaintiff's classroom teacher testified...

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