Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, the petition is granted, and the order is modified accordingly.
In early October 2007 the infant petitioner (hereinafter the petitioner) allegedly was assaulted by the parent of another student during school hours in the cafeteria of the public school she attended. At least one school employee saw the attack, and the petitioner was taken to the hospital for treatment...
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