ROMERO v. YMCA OF GREATER MALONE DEVELOPMENT GROUP, LLC

509733.

79 A.D.3d 1344 (2010)

911 N.Y.S.2d 740

DENISE ROMERO, Individually and as Parent and Guardian of KAITLYN M. ROMERO, an Infant, Appellant, v. YMCA OF GREATER MALONE DEVELOPMENT GROUP, LLC, Respondent, et al., Defendant.

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

Decided December 9, 2010.


MERCURE, J.P.

In 2006, plaintiff commenced this action after her 13-year-old daughter, Kaitlyn Romero, sustained injuries when she was punched in the face by another middle school girl, Brandy Fisher, at a facility operated by defendant YMCA of Greater Malone Development Group, LLC (hereinafter defendant). Although Kaitlyn did not know Brandy prior to the incident, she was aware that Brandy had argued earlier that day with Dakota Pond, a friend of Kaitlyn, and threatened...

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