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ROTH v. CENTRAL ISLIP UNION FREE SCHOOL DISTRICT

2016-00802, Index No. 43021/10.

145 A.D.3d 1056 (2016)

2016 NY Slip Op 08894

43 N.Y.S.3d 525

JOSEPH ROTH, an Infant, by His Parent and Natural Guardian, DOREEN ROTH, et al., Respondents, v. CENTRAL ISLIP UNION FREE SCHOOL DISTRICT et al., Appellants, et al., Defendant.

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

Decided December 28, 2016.

Ordered that the order is affirmed, with costs.

The infant plaintiff, a seventh grade student at Ralph G. Reed Middle School, was allegedly injured during gym class when he fell to the gym floor and a fellow classmate fell on top of him. The infant plaintiff, by his mother, and his mother, individually, commenced this action to recover damages for personal injuries, etc., against, among others, the Central Islip Union Free School District and Katharine Hicks (hereinafter...

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