Vizcarrondo v. Board of Education

*145Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 6, 2004, which, in an action by an infant and her parent against the Board of Education and City of New York for personal injuries sustained in a kindergarten classroom assault by fellow students, denied plaintiffs’ motion to resolve against defendants the issue of whether they had notice of the alleged assailants’ assaultive propensities, on condition that defendants provide an affidavit by a person with knowledge of the reasons why they are unable to produce the assailants’ school records, unanimously affirmed, without…