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KOVALENKO v. NEW YORK CITY DEPARTMENT OF EDUCATION

2014-08942, Index No. 11796/12.

135 A.D.3d 710 (2016)

22 N.Y.S.3d 588

2016 NY Slip Op 00157

ALECSEY KOVALENKO, an Infant, by His Mother and Natural Guardian, ELENA KOVALENKO, et al., Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

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

Decided January 13, 2016.

Ordered that the order is affirmed, with costs.

The infant plaintiff, then a 10th grade high school student, allegedly was injured during gym class at Forest Hills High School when he was kicked in the leg by a classmate during a game of line soccer as both students were trying to gain possession of the soccer ball. The plaintiffs commenced this action against the New York City Department of Education and the City of New York, alleging negligent supervision. The Supreme...

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