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BINANI v. CITY OF NEW YORK

2014-06013, Index No. 4615/11.

131 A.D.3d 1080 (2015)

16 N.Y.S.3d 610

2015 NY Slip Op 06871

ALAMINE ALAMI BINANI, an Infant, by Her Father and Natural Guardian, ABDELILAH ALAMI BINANI, et al., Appellants, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

Decided September 23, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

The infant plaintiff allegedly was injured during a gym class when he was struck by a bat swung by a fellow student taking a practice swing during a wiffle ball game. The infant plaintiff was struck in between innings as he was jogging towards first base. Subsequently, the infant plaintiff, and his father suing derivatively, commenced this action against, among others, the defendant New York...

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