From Mamadou S. v. Feliciano, decided December 23, 2014 by the Appellate Division, First Department:
Plaintiff, at the time an eighth grade student, was injured when he darted or was pushed into the street and was hit by a car while playing tag in front of his school. Although the driver of the car was not negligent in causing the accident, the record presents issues of fact as to whether defendant BOE owed a duty of care to protect the infant plaintiff from traffic hazards after he was discharged by the school bus in front of the school, five minutes before the school day would begin, and whether that duty was breached by the school’s failure to provide adequate safety measures, such as traffic barricades, proximately causing the injury.