Guzman v. City of New York

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered on or about May 7, 2009, which, insofar as appealed *571from as limited by the briefs, in this action for personal injuries, granted defendant Board of Education’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Dismissal of the complaint was proper in this action where plaintiff, a severely mentally and physically handicapped individual, was injured when a fellow similarly handicapped student bit her index finger. The record establishes that defendant Board of Education had…