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CORZINO v. CITY OF NEW YORK

56 A.D.3d 370 (2008)

868 N.Y.S.2d 37

YARITZA CORZINO, an Infant, by Her Mother and Natural Guardian, LETICIA MEJICA, Appellant, et al., Plaintiff, v. CITY OF NEW YORK, Respondent.

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

Decided November 25, 2008.

The complaint was properly dismissed since defendant is not a proper party to the action. Contrary to plaintiff's contention, the 2002 amendments to the Education Law (L 2002, ch 91), do not provide a basis to hold defendant liable for the personal injuries sustained by plaintiff (see Bailey v City of New York, 55 A.D.3d 426 [2008]; Perez v City of New York, 41 A.D.3d 378 [2007], lv denied...

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