Binani v. City of New York

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kerrigan, J.), entered April 15, 2014, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant New York City Department of Education.

Ordered that the order is affirmed insofar as appealed from, with costs.

The infant plaintiff allegedly was injured during a gym class when he was struck by a bat swung by a fellow student taking a…