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JORGE C. v. CITY OF NEW YORK

14499, 350083/12

128 A.D.3d 410 (2015)

8 N.Y.S.3d 307

2015 NY Slip Op 03772

JORGE C., an Infant, by His Mother and Natural Guardian LILLIAN RIVERA, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 5, 2015.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered December 9, 2013, which granted the motion of defendants New York City and New York City Board of Education for summary judgment dismissing the complaint, unanimously affirmed, without costs.

According to his deposition testimony, the 10-year-old infant plaintiff was scheduled to attend a gym class in a public park adjacent to his school. He did not see his physical education teacher and went straight...

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