Legal Opinion

Lizardo v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided October 12, 2010PublishedCited by 10 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 15, 2009, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

The infant plaintiff, a fourth grader, was injured during a kickball game in physical education class, when another student collided with him. He described the incident at his deposition as follows: “I was playing short stop. I was in the field. I was between second and third, and there was a kid…

2Cases cited5 opinions

  1. Mirand v. City of New YorkNew York Court of Appeals · 1994
  2. Ohman v. Board of Educ. of City of N.Y.New York Court of Appeals · 1949
  3. Siegell v. Herricks Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
  4. Sangineto v. Mamaroneck Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
  5. Francisquini v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by10 opinions

  1. Kamara v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  2. Navarro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  3. Chung v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2016
  4. Hunter v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2012
  5. Brian O. v. Riverhead Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2012

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