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A.M. v. NEW YORK CITY DEPARTMENT OF EDUCATION

Index No. 157718/17. Appeal No. 17084. Case No. 2021-03494.

212 A.D.3d 448 (2023)

183 N.Y.S.3d 19

2023 NY Slip Op 00145

A.M., an Infant, by His Father and Natural Guardian, David M., et al., Respondents, v. New York City Department of Education, Appellant.

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

Decided January 12, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jonathan A. Popolow of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Jillian Rosen of counsel), for respondents.

Concur—Kern, J.P., Oing, Scarpulla, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about January 23, 2020, which, to the extent appealed from, denied defendant Department of Education's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Infant plaintiff alleges that he was injured during a midday recess when another kindergarten student climbed up onto a playground apparatus, where children were not allowed to be, and then jumped off...

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