A mad dash for ice cream at a New York grammar school earned an 11-year-old boy more than a trip to the principal's office.

Rosanna Tomack, a former teacher's aide at PS 94 in Little Neck, Queens, is hauling little Joseph Cicack into court after the youngster barreled into her and knocked her down, injuring her bad back, according to a lawsuit filed in Queens Supreme Court.

Joseph, about 8 at the time of the May 2006 incident, is above the age when a child can be sued, according to Edmond Chakmakian, Tomack's lawyer.

He said that the kids were specifically told not to run for ice cream, but the student didn't follow the rules and, as a result, Tomack, 62, was forced to undergo spinal fusion surgery. She has been unable to return to work.

Joseph's mom, Terry, declined to comment.

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