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BUREAU v. NEWCOMB CENT DIST

74 A.D.2d 133 (1980)

Fernand Bureau, as Parent and Natural Guardian of Andre Bureau, an Infant, Appellant, v. Newcomb Central School District et al., Respondents

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

April 17, 1980

Attorney(s) appearing for the Case

David W. White (Patrick J. Mannix of counsel), for appellant.

Urfirer & Brooks, P. C. (James M. Brooks of counsel), for respondents.

GREENBLOTT, MAIN and CASEY, JJ., concur with MAHONEY, P. J.; MIKOLL, J., dissents and votes to affirm in a separate opinion.

MAHONEY, P. J.

Claimant is the father of Andre Bureau, a high school student in the Newcomb Central School District who sustained a fractured leg in a track and field contest on June 11, 1977. Andre was 16 years old on the date of the mishap. Approximately six months later, on December 2, 1977, claimant consulted an attorney who advised him of the requirements of section 50-e of the General Municipal Law. Six...

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