O'BRIEN v. SAYVILLE UNION FREE SCHOOL DISTRICT

2010-12068.

87 A.D.3d 569 (2011)

928 N.Y.S.2d 85

2011 NY Slip Op 6221

BARRY JOHN O'BRIEN, III, et al., Respondents, v. SAYVILLE UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided August 9, 2011.


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

On January 24, 2008, the infant plaintiff allegedly was waiting his turn to use a bathroom in his kindergarten classroom when he placed his hand inside the hinged side of the bathroom door. A fellow student entered the bathroom and closed the door on the infant plaintiff's finger. The infant plaintiff's teacher

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