DeMUNDA v. NIAGARA WHEATFIELD BD. OF EDUC.


213 A.D.2d 975 (1995)

625 N.Y.S.2d 764

Richard Demunda, Individually and as Parent and Natural Guardian of Maria Demunda, an Infant, Appellant, v. Niagara Wheatfield Board of Education, Respondent. (Appeal No. 1.)

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

March 17, 1995


Order unanimously affirmed without costs.

Memorandum:

Plaintiff appeals from an order that granted defendant's motion for summary judgment dismissing the complaint. Plaintiff sought damages for injuries his daughter received when a fellow student struck her face during a brief fight while students were boarding a bus at her school.

The fight between plaintiff's daughter and the student was a brief, spontaneous occurrence; there was no opportunity for...

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