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ANTOINE E.J. v. BIRCH FAMILY SERVICES, INC.

2011-01608.

95 A.D.3d 832 (2012)

943 N.Y.S.2d 219

2012 NY Slip Op 3411

ANTOINE E.J. et al., Appellants, v. BIRCH FAMILY SERVICES, INC., Respondent.

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

Decided May 1, 2012.

Ordered that the order is affirmed, with costs.

The infant plaintiff, a then-three-year old preschool student, allegedly was injured when, as he descended a stairway at the defendant's school, he was caused to fall down the stairs by the actions of another student. A teacher who was descending the stairway behind the infant plaintiff testified at her deposition that the infant...

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