PONSIGLIONE v. BOARD OF EDUCATION OF CITY OF NEW YORK

2015-01103, Index No. 1383/10.

135 A.D.3d 844 (2016)

24 N.Y.S.3d 155

2016 NY Slip Op 00351

KRISTEN PONSIGLIONE, an Infant, by Her Parent and Natural Guardian, JOSEPHINE PONSIGLIONE, et al., Appellants, v. BOARD OF EDUCATION OF CITY OF NEW YORK et al., Respondents.

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

Decided January 20, 2016.


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

In January 2009, the plaintiff Kristen Ponsiglione (hereinafter the infant plaintiff) was walking down a staircase in Public School 142 when she allegedly was pushed from behind by a fellow student, lost her balance, and fell.

The Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the...

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