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ESPINO v. NEW YORK CITY BOARD OF EDUCATION

4066, 23833/02.

80 A.D.3d 496 (2011)

915 N.Y.S.2d 66

KERWIN ESPINO, an Infant, by His Mother and Natural Guardian, ROSA ESPINO, et al., Respondents, v. NEW YORK CITY BOARD OF EDUCATION, Appellant, et al., Defendant.

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

Decided January 18, 2011.

Defendant Board established its prima facie entitlement to judgment as a matter of law in this action where infant plaintiff, a 17-year-old student, was injured during a fight in a school hallway. The evidence demonstrates that the supervision provided for students of plaintiff's age was sufficient (see Barretto v City of New York, 229 A.D.2d 214, 219 [1997], lv denied 90 N.Y.2d 805 [1997]), that the attack on plaintiff...

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