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FORNARO v. KERRY

139 A.D.2d 561 (1988)

Michael Fornaro, an Infant, by His Parent and Natural Guardian, Salvatore Fornaro, et al., Appellants-Respondents, v. Adam Kerry, an Infant, by His Parent and Natural Guardian, Paul Kerry, et al., Respondents-Appellants, and West Islip School District et al., Respondents

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

April 11, 1988

Ordered that the cross appeal is dismissed as abandoned (see, 22 NYCRR 670.20 [d], [f]); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs, payable by the plaintiffs.

On February 25, 1982, the infant plaintiff, a six-year-old kindergarten student, was waiting for the school bus due to arrive at 8:51 A.M. at his pickup location. Another bus for grades 1 through...

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