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MARTIN v. OUR LADY OF WISDOM REGIONAL SCHOOL

2015-02938. Index No. 8019/11.

151 A.D.3d 838 (2017)

2017 NY Slip Op 04829

54 N.Y.S.3d 692

EVAN MARTIN, an Infant, by His Mother and Natural Guardian, MAZINE MARTIN, et al., Respondents, v. OUR LADY OF WISDOM REGIONAL SCHOOL et al., Appellants.

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

Decided June 14, 2017.

Ordered that the judgment is affirmed, with costs.

In April 2009, when the plaintiff Evan Martin was an eighth-grade student at the defendant Our Lady of Wisdom Regional School, he and another student were assigned, without supervision, the task of closing a sliding gate to the school parking lot. When Evan hung on the gate as it slid closed, a wheel mechanism at the top of the gate severed the tips of the middle and ring fingers of his left hand. The plaintiffs commenced...

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