SCHLEEF v. RIVERHEAD CENTRAL SCHOOL DISTRICT

2010-04123.

80 A.D.3d 743 (2011)

915 N.Y.S.2d 506

BRANDON SCHLEEF et al., Respondents, v. RIVERHEAD CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided January 25, 2011.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

On October 24, 2006, the infant plaintiff, a first-grade student at the defendant Riley Avenue Primary School in the defendant Riverhead Central School District, was sharpening a pencil with a manual sharpener that was mounted on the classroom wall. When the pencil became stuck in the sharpener, the infant plaintiff pulled...

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