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TORRES v. CITY OF NEW YORK

2010-04901

90 A.D.3d 1029 (2011)

934 N.Y.S.2d 871

2011 NY Slip Op 9627

BRANDONLEE TORRES et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and BEGINNING WITH CHILDREN CHARTER SCHOOL et al., Respondents.

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

Decided December 27, 2011.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In September 2006 the infant plaintiff was 13 years old and a student at the Beginning with Children Charter School (hereinafter BWC) in Brooklyn. On September 15, 2006, while the infant plaintiff was in a gymnasium during a physical education class, he allegedly was struck in the eye with a tennis ball. The class was being supervised by a substitute teacher employed by Tempositions...

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