Appellate Division of the Supreme Court of the State of New York March 13, 1997 (Walsh v. City School District)

Casey, J.

Appeal from an order of the Supreme Court (Keegan, J.), entered April 22,1996 in Albany County, which denied defendant’s motion for summary judgment dismissing the complaint.

Johnathon E. Walsh, a first-grade student at Public School No. 27 in the City of Albany, and a classmate were permitted to go to the bathroom together.