The Appellate Division, First Department, narrowly affirmed a decision by a lower court to dismiss a suit filed against New York City by a student claiming that he struck his head on a bookcase during a fight with another student.
The 3-2 panel wrote Tuesday in Emmanuel B. v. City of New York, 102967/10, that Acting Manhattan Supreme Court Justice Barbara Jaffe properly ruled in 2012 that even though Emanuel, who was 7 years old at the time of the fight, had told his teacher that the other student—identified in court papers as WEM—was picking on him and taunting him, there was no evidence the school had prior notice that WEM had a proclivity to engage in physically aggressive behavior.
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