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MARK v. COLGATE UNIV.

53 A.D.2d 884 (1976)

Steven Mark et al., Appellants, v. Colgate University et al., Respondents, et al., Defendants

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

July 12, 1976

Judgment reversed, on the law, and new trial granted, with costs to abide the event.

No issues have been raised with respect to the fact findings. For the second time in less than two months this court is confronted with the tragic situation of a young man who has been seriously injured while participating in an interscholastic sport (see Passantino v Board of Educ., 52 A.D.2d 935). In September, 1965 Steven Mark (hereafter...

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