Moores v. City of Newburgh School District

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (DiBlasi, J.), dated February 22, 1996, which granted the defendant’s motion to renew a prior motion for summary judgment dismissing the complaint, and, upon renewal, granted the motion and dismissed the complaint.

Ordered that the order is affirmed, with costs.

The infant plaintiff was injured as a result of an incident which occurred in a classroom at the defendant’s school. While the teacher was outside the classroom, two boys were tossing an eraser back and…