TROYAN v. RIVERHEAD CENT. SCH. DIST.


113 A.D.2d 884 (1985)

Maria Troyan, an Infant, by Her Parents and Natural Guardians, Thomas Troyan and Another, Appellants, v. Riverhead Central School District, Respondent

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

September 23, 1985


Order affirmed, with costs.

The infant plaintiff was injured by a flame which flew out at her while her teacher was attempting, by the use of "ditto fluid", to light a flame in order to boil water in a classroom demonstration of a steam engine. The teacher had followed this procedure without incident several times in the past 10 years.

Plaintiffs are not entitled to partial summary judgment because their own supporting papers show that there are issues of...

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