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MONACELLI v. BD. OF EDUC. OF CITY SCH. DIST. OF CITY OF MT. VERNON

92 A.D.2d 930 (1983)

Benjamin P. Monacelli, as Administrator of The Estate of Joseph Monacelli, Deceased, Respondent, v. Board of Education of City School District of City of Mt. Vernon, Appellant

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

March 28, 1983

Order reversed, on the law, without costs or disbursements, motion denied, and cross motion granted.

According to the complaint, on February 7, 1977, plaintiff's son, Joseph Monacelli, a student at Mt. Vernon High School, Mt. Vernon, New York, fell on an icy sidewalk by the entranceway to the school. Joseph died as a result of injuries suffered in the fall. This suit for wrongful death was commenced in April, 1978, with issue being joined the following month. On July...

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