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SWIATKOWSKI v. BD. OF EDUC. OF THE CITY OF BUFFALO

36 A.D.2d 685 (1971)

Joseph P. Swiatkowski, an Infant, by His Guardian ad Litem, Joseph Swiatkowski, et al., Respondents, v. Board of Education of the City of Buffalo, Appellant

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

February 18, 1971

Judgment unanimously reversed on the law and facts, without costs, and the complaint dismissed.

Memorandum:

Judgment has been entered in an action for personal injuries sustained by a seven-year-old boy while attending class in a public school when he returned to his desk and sat on the point of a pencil placed in his seat by another student. Appeal is taken from the judgment based on a verdict in the personal injury action for $3,000 and a verdict in the...

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