MARLOWE v. RUSH-HENRIETTA CENT. SCH. DIST.


78 N.Y.2d 1096 (1991)

Steven M. Marlowe, an Infant, by His Parent and Natural Guardian, Steven L. Marlowe, et al., Appellants, v. Rush-Henrietta Central School District et al., Respondents.

Court of Appeals of the State of New York.

Decided November 21, 1991.


Attorney(s) appearing for the Case

George A. Schell for appellants.

James E. Maslyn for Rush-Henrietta Central School District, respondent.

David F. Bowen, Robert M. Shaddock and Roger G. Preston, Jr., for Derrick Nesmith, respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Judge ALEXANDER dissents and votes to reverse for the reasons stated in the dissenting memorandum at the Appellate Division (, 820-822).


Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (167 A.D.2d 820

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