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RILEY v. BD. OF EDUC.

15 A.D.2d 303 (1962)

Stuart S. Riley, as Administrator of The Estate of John S. Riley, Deceased, Respondent-Appellant, v. Board of Education of Central School District No. 1 of the Towns of Massena, Norfolk, Louisville and Brasher et al., Defendants; Agnes McGinnis et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 17, 1962.

Attorney(s) appearing for the Case

Kinkley & Burns (Luke A. Burns, Jr., of counsel), for Agnes McGinnis, appellant-respondent.

John B. Leonard and John D. Van Kennen for J. Albert Wright, appellant-respondent.

Bernard Meyerson, Albert Jakobson and Benedict S. Rosenfeld for respondent-appellant.

Herron, Lawler & Fischer for defendants.

BERGAN, P. J., GIBSON and TAYLOR, JJ., concur.

HERLIHY, J.

Defendants appeal, in an automobile negligence action, from a judgment in favor of the plaintiff.

The cause of action against the school district was dismissed at the close of all of the evidence and is not part of this appeal.

Decedent, the eight-year-old son of the plaintiff, was a student at the defendant school. On the day of the accident the defendant McGinnis, a schoolteacher...

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