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WILLIAMSON v. BD. OF EDUC. OF BERNE-KNOX JR.-SR. HIGH SCH.

40 N.Y.2d 979 (1976)

Guy Williamson, by His Parent and Natural Guardian, Merlin Williamson, et al., Respondents, v. Board of Education of Berne-Knox Jr.-Sr. High School et al., Appellants.

Court of Appeals of the State of New York.

Decided November 30, 1976.

Attorney(s) appearing for the Case

Edward A. McMahon for appellants.

John S. Carter for respondents.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Judge JASEN dissents and votes to reverse in the following opinion.

Order affirmed, with costs, on the memorandum at the Appellate Division (50 A.D.2d 667).

JASEN, J. (dissenting).

I would reverse the order of the Appellate Division. In my view, it was error to introduce into evidence a photograph depicting an uninvolved student driving a motorcycle in a reckless fashion at a time and place remote from the accident which injured the plaintiff. In addition, the trial court failed...

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