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WHITFIELD v. BOARD OF EDUCATION OF THE CITY OF MOUNT VERNON

14 A.D.3d 551 (2005)

789 N.Y.S.2d 187

KENNETH WHITFIELD, JR., et al., Appellants, v. BOARD OF EDUCATION OF THE CITY OF MOUNT VERNON, Respondent.

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

January 18, 2005

Ordered that the order is affirmed, without costs or disbursements.

The plaintiffs commenced this action to recover damages for personal injuries arising out of an alleged sexual assault by one five-year-old student against another. The deposition testimony of various school personnel established that the defendant Board of Education of the City of Mount Vernon had no notice of any violent proclivities or sexual aggression by the alleged assailant. After the conclusion...

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