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R.K. v. CITY OF NEW YORK

Index No. 159503/15. Appeal No. 14894. Case No. 2020-04045.

200 A.D.3d 584 (2021)

161 N.Y.S.3d 16

2021 NY Slip Op 07092

R.K., an Infant, by His Father and Natural Guardian, Fatmir K., et al., Appellants, v. City of New York et al., Respondents, and Diane Gallagher et al., Appellants.

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

Decided December 21, 2021.

Attorney(s) appearing for the Case

Arye, Lustig & Sassower, P.C., New York ( Mitchell J. Sassower of counsel), for R.K and Fatmir K., appellants.

Harris Law, New York ( Matthew Gaisi of counsel), for Diane Gallagher, appellant.

MarksDiPalermo PLLC, New York ( Joan L. Fiden of counsel), for Lloyd Polanish, appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Zachary S. Shapiro of counsel), for respondents.

Concur—Renwick, J.P., Oing, Singh, Scarpulla, Pitt, JJ.

This action arises out of injuries allegedly sustained by the infant plaintiff during an afterschool program at a New York City public school. Defendants Diane Gallagher and Lloyd Polanish, both teachers at the school, created the program, called "Mind, Body & Sport" (MBS). In approving the permit to operate the program, the school's principal overlooked a number of errors contained therein. Nor did the principal verify that MBS was duly insured prior to approving the...

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