RAMOS v. NEW YORK CITY BOARD OF EDUCATION

10206, 6119/96.

107 A.D.3d 583 (2013)

967 N.Y.S.2d 718

2013 NY Slip Op 4730

RICHARD RAMOS, an Infant, by His Mother and Natural Guardian, VIRGINIA RAMOS, et al. Appellants, v. NEW YORK CITY BOARD OF EDUCATION et al., Respondents.

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

Decided June 25, 2013.


The infant plaintiff was injured when, during the course of playing basketball in the school gymnasium, as he attempted to prevent the ball from going out of bounds, he was shoved by a classmate into an electrical outlet.

Defendants moved for summary judgment, asserting that the Board lacked actual or constructive notice of the defective electrical outlet in the gym, and, in any event, was not the proximate cause of the infant plaintiff's injury. The court granted...

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