On March 26, 1989 petitioner, while on leave from his duties at West Point Military Academy, was injured while playing basketball on a court on the grounds of Canajoharie Elementary School, premises under the control of respondent. Richard Rose, School Superintendent for respondent, was a participant in the game that resulted in petitioner's injury.
On August 25, 1989, petitioner brought an order to show cause in Supreme Court,...
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