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N.F. v. CITY OF NEW YORK

2016-09294, Index No. 12815/15.

161 A.D.3d 1046 (2018)

77 N.Y.S.3d 712

2018 NY Slip Op 03663

N.F., an Infant, by Her Father and Natural Guardian, Willie Frazier, et al., Appellants, v. City of New York et al., Respondents.

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

Decided May 23, 2018.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for reconsideration of the subject motion in light of Matter of Newcomb v Middle Country Cent. Sch. Dist. (28 N.Y.3d 455 [2016]).

On June 18, 2015, the infant plaintiff, then fifth-grade student at P.S. 306 in Brooklyn, allegedly sustained personal injuries during lunch recess. The...

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