KENNEDY v. WATERVILLE CENT. SCH. DIST.


172 A.D.2d 1019 (1991)

Todd Kennedy, Appellant, v. Waterville Central School District et al., Respondents

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

April 26, 1991


Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court improperly granted defendant Oneida County Board of Cooperative Educational Services' ("BOCES") motion for summary judgment because, on the basis of the proof before the court, there are issues of fact with respect to whether BOCES breached its duty to plaintiff and, if it did, whether that breach was a proximate cause of his injury (

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