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E.W. v. New York

2018-10179, Index No. 16408/10.

179 A.D.3d 747 (2020)

117 N.Y.S.3d 79

2020 NY Slip Op 00175

E.W. et al., Appellants, v. City of New York et al., Respondents.

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

Decided January 8, 2020.

Ordered that the order is affirmed, with costs.

The injured plaintiff, a then-third grade student at P.S. 44, stopped while walking between classes to talk with a friend. The injured plaintiff testified at a hearing held pursuant to General Municipal Law § 50-h that a door that he was holding as he talked with his friend closed "automatically on its own" "really, really, really, really, fast." The door severed the tip of the injured plaintiff's index finger,...

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