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MARTINEZ v. CITY OF NEW YORK

5393, 17651/06.

85 A.D.3d 586 (2011)

925 N.Y.S.2d 490

2011 NY Slip Op 5359

JOSE MARTINEZ JR., an Infant, by his Mother and Natural Guardian, EVELYN BENJAMIN, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 21, 2011.

Dismissal of the complaint was warranted since the record establishes that infant plaintiff's injuries were proximately caused by the sudden and spontaneous act of another student (see Mirand v City of New York, 84 N.Y.2d 44, 49 [1994]). The teacher here, consistent with school procedures, led her class down the stairs and out of the building during the fire drill (see Esponda v City of New York, 62 A.D.3d...

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