MATTER OF D.D. v. VILLAGE OF GREAT NECK

2017-03396. Index No. 608954/16.

161 A.D.3d 861 (2018)

77 N.Y.S.3d 98

2018 NY Slip Op 03358

In the Matter of D.D., an Infant, by His Mother and Natural Guardian, Renee Holstein, et al., Respondents, v. Village of Great Neck, Respondent, and Great Neck Union Free School District et al., Appellants.

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

Decided May 9, 2018.


Ordered that the order is affirmed, with costs.

On February 24, 2016, the then-six-year-old infant petitioner (hereinafter D.D.) fractured his left arm while taking a class at a private gym. The arm was put in a cast, and D.D. was given a doctor's note that his mother, the petitioner Renee Holstein, provided to the respondent Lakeville Elementary School (hereinafter the school). The note stated that D.D. needed assistance while going from the bus to class, while using...

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