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BORELLI v. BD. OF EDUC. OF THE HIGHLAND SCH. DIST.

156 A.D.2d 903 (1989)

Lynn Borelli, as Guardian ad Litem of John M. Demskie, an Infant, Appellant, v. Board of Education of the Highland School District et al., Respondents. (And a Third-Party Action.)

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

December 28, 1989

Mercure, J.

Plaintiff's infant son, John M. Demskie (hereinafter plaintiff), and third-party defendant, Philip Goetschius, were schoolmates and members of the Highland Middle School football team in Ulster County. Long-standing animosity finally resulted in a fight between plaintiff and Goetschius after football practice on October 11, 1983. Their coach, Arthur Franklin, stopped the altercation without injury to either boy. Thereafter, as each student...

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