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STEPHENSON v. CITY OF NEW YORK

No. 177.

19 N.Y.3d 1031 (2012)

978 N.E.2d 1251

954 N.Y.S.2d 782

2012 NY Slip Op 6992

JAYVAUN STEPHENSON, an Infant, by His Mother and Natural Guardian, NADRA SINCLAIR, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided October 18, 2012.

Attorney(s) appearing for the Case

Law Offices of Jonathan M. Cooper, Cedarhurst ( Jonathan M. Cooper of counsel), for appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Susan B. Eisner and Francis F. Caputo of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff Jayvaun Stephenson was injured in an assault by another student, Lorenzo McDonald, on the morning of October 24, 2003. The incident occurred two blocks from the boys' school prior to school hours. Jayvaun, a 13-year-old eighth-grade student, had been involved in a prior altercation with Lorenzo just two days before, on October 22, between...

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