PEREZ v. COMSEWOGUE SCH. DIST.

2015-05809, Index No. 34568/12.

141 A.D.3d 577 (2016)

36 N.Y.S.3d 159

MORELIA T. PEREZ, an Infant, by Her Mother and Natural Guardian, DAMARIS PEREZ, et al., Respondents, v. COMSEWOGUE SCHOOL DISTRICT et al., Appellants.

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

Decided July 13, 2016.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

On April 19, 2012, the infant plaintiff, then a fifth-grade student in the defendant Comsewogue School District at the defendant Terryville Elementary School, allegedly was injured during recess when she was struck in the eye by a ball that had been kicked by another student. At the time of the incident, the infant plaintiff...

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