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F.P.V. v. CITY OF NEW YORK

8426. 350127/13.

169 A.D.3d 524 (2019)

92 N.Y.S.3d 651

2019 NY Slip Op 01173

F.P.V. et al., Respondents, v. City of New York et al., Appellants.

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

Decided February 19, 2019.

DOE satisfied its entitlement to judgment as a matter of law by submitting evidence showing that infant plaintiff's injury was caused while he was participating in a game of "Bulldog" in gym class when a fellow student suddenly and unexpectedly collided with him, which was a spontaneous act, and that no additional supervision could have prevented the injury (see M.V. v City of New York, 149 A.D.3d 641 [1st Dept 2017]; Chynna A...

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