ROBINSON v. SACRED HEART SCHOOL


70 A.D.3d 666 (2010)

895 N.Y.S.2d 136

WILLIAM ROBINSON, Appellant, v. SACRED HEART SCHOOL, Respondent.

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

Decided February 2, 2010.


Ordered that the order is affirmed, with costs.

On February 17, 2006, the then 11-year-old plaintiff allegedly sustained personal injuries when he was shot with a "BB gun" by an unknown assailant who had purportedly gained entrance to the defendant's school. The incident allegedly occurred at approximately 6:00 P.M., as the plaintiff was leaving an after-school basketball program. At his deposition, the defendant's principal testified that the school had doors with...

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