JONES v. KENT


35 A.D.2d 622 (1970)

Gary W. Jones, an Infant, by His Parent and Natural Guardian, Robert Jones, et al., Appellants, v. Earl Kent, an Infant, by His Parent and Natural Guardian, Earl F. Kent, Jr., Respondent

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

July 8, 1970


COOKE, J.

This action, predicated solely on a theory of negligence, arises out of injuries sustained during physical combat between two 14-year-old students at the Colonie High School on January 6, 1967. Both were in the same social studies group and, after a series of classroom incidents involving the removal of his wallet that day and the day previous, Gary Jones, the infant plaintiff, told Earl Kent, the defendant, and another nearby student "stop...

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