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JAMES v. GLOVERSVILLE ENLARGED SCH. DIST.

155 A.D.2d 811 (1989)

Victor L. James, Jr., II, an Infant, by Beverly H. James, His Mother and Natural Guardian, et al., Respondents, v. Gloversville Enlarged School District, Appellant

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

November 16, 1989

Weiss, J.

This is an action to recover damages for personal injuries sustained by an infant in the schoolyard of defendant's Park Terrace Elementary School in the City of Gloversville, Fulton County, during a postlunch recess period. The complaint alleges that plaintiff Victor L. James, Jr., II (hereinafter plaintiff) was "set upon, hit, kicked, pushed, struck, beaten, and thrown to the ground" by a fourth grade classmate (hereinafter the student) and...

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