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MTR. OF POTTER v. BD. OF EDUC.

43 A.D.2d 248 (1974)

In the Matter of Geneva Potter, as Mother and Natural Guardian of Andrea D. Potter, an Infant, Appellant, v. Board of Education of the City of New York et al., Respondents

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

January 4, 1974.

Attorney(s) appearing for the Case

Larry Wenig for appellant.

Susan S. Belkin of counsel (Stanley Buchsbaum with her on the brief; Norman Redlich, Corporation Counsel), for respondents.

NUNEZ and MURPHY, JJ., concur with CAPOZZOLI, J.; STEVENS, P. J., dissents in an opinion in which STEUER, J., concurs.

CAPOZZOLI, J.

The six-year-old infant claimant was a student in Public School No. 29, Bronx, N. Y., and it is claimed that she was injured on March 8, 1973, while in her classroom, due to the alleged negligence of the teacher. Counsel was retained on behalf of the infant claimant on March 29, 1973. Notice of claim against the City of New York was served on the Comptroller of the City of New York on April 9, 1973...

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