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DUELL v. BD. OF EDUC. OF THE WARRENSBURG CENT. SCH. DIST.

30 A.D.2d 600 (1968)

Connie Duell, an Infant, by Her Father, Fred Duell, et al., Respondents, v. Board of Education of the Warrensburg Central School District, Appellant

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

May 21, 1968

Order affirmed, with $10 costs.

No opinion.

Reynolds, J. (dissenting).

This is an appeal from an order of the Supreme Court, Warren County, denying appellant's motion for summary judgment made pursuant to CPLR 3212 on the ground that questions of fact are present which require a jury trial. On the morning of May 23, 1966, Connie Duell, then 10 years old and a fourth grade student at the Warrensburg Central School, fell and broke her leg...

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