GUZMAN v. CITY OF NEW YORK

3474, 29417/02.

77 A.D.3d 570 (2010)

909 N.Y.S.2d 721

BETANIA GUZMAN by her Mother and Natural Guardian, MARIA ESTRELLA, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 26, 2010.


Dismissal of the complaint was proper in this action where plaintiff, a severely mentally and physically handicapped individual, was injured when a fellow similarly handicapped student bit her index finger. The record establishes that defendant Board of Education had no specific knowledge or notice that the other student's actions could reasonably have been anticipated (see Mirand v City of New York, 84 N.Y.2d 44, 49 [1994]...

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