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RUSSO v. LIEBLER

191 A.D.2d 999 (1993)

595 N.Y.S.2d 164

Richard Russo, Individually and as Parent and Natural Guardian of Michael Russo, an Infant, Appellant, v. John Liebler et al., Defendants, and Church of Saints Peter and Paul, Respondent

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

March 12, 1993

Order reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting the motion of defendant Church of Saints Peter and Paul (Church) for summary judgment. There are issues of fact whether Church officials had notice that snowball throwing by students presented a special danger (see, Lawes v Board of Educ., 16 N.Y.2d 302; Cioffi v Board of Educ., 27...

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