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C.B. v. PARK AVE. PUB. SCH.

2017-03906, Index No. 50258/16.

172 A.D.3d 980 (2019)

100 N.Y.S.3d 343

2019 NY Slip Op 03753

C.B., an Infant, by Her Parents and Natural Guardians, S.B. et al., et al., Appellants, v. Park Avenue Public School et al., Respondents.

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

Decided May 15, 2019.

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

In October 2014, the infant plaintiff, then a kindergarten student at the defendant Park Avenue Public School, allegedly was sexually assaulted by another student in the bathroom during lunch period. In January 2015, the infant plaintiff, by her parents and natural guardians, and her parents individually (hereinafter collectively the plaintiffs), served a notice of claim upon the defendants....

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