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EMMANUEL B. v. CITY OF NEW YORK

13926, 102967/10.

131 A.D.3d 831 (2015)

15 N.Y.S.3d 790

2015 NY Slip Op 06750

EMMANUEL B., an Infant by His Mother and Natural Guardian, CHININQUA W., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided September 8, 2015.

The infant plaintiff alleges that, when he was a seven-year-old second-grade student at a New York City public school, he suffered serious physical injuries as the result of an altercation in which a classmate (hereinafter, WEM) caused him to strike his head against a bookcase. Earlier on the day of the incident, plaintiff had informed his teacher that WEM was picking on him and calling him names. At the end of the school day, when students were lining up to go home, plaintiff...

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