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MERKLEY v. PALMYRA-MACEDON CENT. SCH. DIST.

130 A.D.2d 937 (1987)

Roger K. Merkley et al., as Parents and Natural Guardians of Charles Merkley, an Infant, Plaintiffs, v. Palmyra-Macedon Central School District, Respondent. Charles Merkley, an Infant, by Roger K. Merkley, His Parent and Natural Guardian, Plaintiff, v. Kevin Horton, an Infant, Appellant

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

May 22, 1987

Order and judgment unanimously modified, on the law, and as modified, affirmed, with costs to appellant, in accordance with the following memorandum: This is an action to recover damages for personal injuries sustained by a minor, Charles Merkley, when a fellow student, defendant Kevin Horton, dropped a shotput on Merkley's right hand. The accident occurred during a physical education class at Palmyra-Macedon Central School. The evidence establishes that Merkley, who had...

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