Antoine E.J. v. Birch Family Services, Inc.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Kelly, J.), dated November 22, 2010, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The infant plaintiff, a then-three-year old preschool student, allegedly was injured when, as he descended a stairway at the defendant’s school, he was caused to fall down the stairs by the actions of another student. A teacher who was descending the *833stairway behind the infant plaintiff testified…