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DIMISA v. OCEANSIDE UNION FREE SCH. DIST.

2015-00198, Index No. 7981/12.

140 A.D.3d 692 (2016)

32 N.Y.S.3d 617

2016 NY Slip Op 04172

HALEY ALEXA DIMISA, an Infant, by Her Mother and Natural Guardian, SAMARA HOLTON, et al., Respondents, v. OCEANSIDE UNION FREE SCHOOL DISTRICT et al., Defendants, and JAIME RIORDAN, an Infant, by Her Mother and Natural Guardian, CAROLYN RIORDAN, Sued Herein as CAROLINE RIORDAN, et al., Appellants.

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

Decided June 1, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

According to the deposition testimony of the infant plaintiff, the infant defendant pushed her to the ground during a game of kickball. The infant plaintiff, by her mother and natural guardian, and her mother, individually, commenced this action against, among others, the infant defendant, by her mother and natural guardian, and the infant defendant's mother individually (hereinafter together...

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