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WETHERINGTON v. BRONX HOUSE

570978/12.

41 Misc.3d 60 (2013)

972 N.Y.S.2d 815

CHRISTOPHER WETHERINGTON, an Infant, by His Mother and Natural Guardian, ANTOINETTE BRACERO, et al., Respondents, v. BRONX HOUSE, INC., Appellant.

Supreme Court, Appellate Term, First Department.

October 15, 2013.

Attorney(s) appearing for the Case

Schmelkin Associates, P.C., New York City ( Kevin A. O'Connell of counsel), for appellant. Wenick & Finger, P.C., New York City ( Frank J. Wenick of counsel), for respondents.

OPINION OF THE COURT

Per Curiam.

Order, entered April 11, 2012, affirmed, with $10 costs.

Plaintiffs commenced this negligence action seeking to recover damages for injuries the then nine-year-old infant plaintiff allegedly sustained when, during an after-school program run by defendant, he was struck in the face by a chair that was pushed or "bumped" by a fellow student, one "Nando." Accepting as true the facts alleged by plaintiffs in opposing...

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