NAVARRO v. CITY OF NEW YORK

4033, 25776/04.

87 A.D.3d 877 (2011)

929 N.Y.S.2d 236

2011 NY Slip Op 6412

CHELISE NAVARRO, Respondent, v. CITY OF NEW YORK, Defendant, and DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, Appellant.

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

Decided September 8, 2011.


During an elective high school softball class, plaintiff, then 16 years old, hit ground balls to a fielder as a warmup exercise. A student named Johanny approached plaintiff and asked if she could hit a few balls. Plaintiff handed the bat to Johanny and told her, consistent with the teacher's instructions for practice drills, that she should not take full swings. Upon being handed the bat, however, Johanny immediately threw the ball in the air and took a full swing before...

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