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Plaintiff was a student receiving services from an independent occupational therapist in a charter school when his finger became lodged in a classroom door. SG submitted a motion for summary judgment and argued that the charter school had no duty to supervise the student who was in the custody and control of the third party at the time of the injury. The Supreme Court, Kings County agreed and dismissed the complaint holding that the child was outside of the orbit of the school’s physical custody at the time of the injury. Carolyn Loftus handled the matter on behalf of SG.
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