CROSS v. BD. OF EDUC.


49 A.D.2d 67 (1975)

Karen Cross, an Infant, by Her Parent James Cross, et al., Respondents, v. Board of Education of Delaware Academy and Central School Dist. No. 1 of Towns of Delhi, Kortright, Meredith, Franklin, Hamden and Bovina et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants; General Motors Corporation, Third-Party Defendant-Appellant-Respondent

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

July 24, 1975


Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett (Whitney North Seymour of counsel), for third-party defendant-appellant-respondent.

Appelbaum & Eisenberg (Bertram W. Eisenberg of counsel), for respondents.

Walter L. Terry (Edwin J. Tobin of counsel), for defendants and third-party plaintiffs-respondents-appellants.

GREENBLOTT, MAIN and LARKIN, JJ., concur with HERLIHY, P. J.; REYNOLDS, J., dissents and votes to affirm in an opinion.


HERLIHY, P. J.

On the first day of school, September 6, 1972, the infant plaintiff was riding on a school bus owned by the defendant school district and operated by the defendant David Bell when it failed to negotiate a curve on New York State Highway No. 10, ran off the road, struck a stump and continued for some considerable distance thereafter before stopping.

The plaintiff's claim against the defendants...

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