Smith v. Poughkeepsie City School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Brands, J.), dated May 16, 2006, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.
On November 26, 2001 at about 2:50 p.m. the infant plaintiff, Kaila Smith, was punched in the left eye three times by a fellow seventh-grade student, Deseana Borkine, in the second floor hallway after her last class at the…
2Cases cited10 opinions
- Mirand v. City of New YorkNew York Court of Appeals · 1994
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- McLeod v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Siller v. Mahopac Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
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