BAKER v. JEWELL


229 A.D.2d 924 (1996)

646 N.Y.S.2d 479

Robert L. Baker, as Parent and Natural Guardian of Laura Sue Baker, an Infant, Appellant, v. Joyelle Jewell et al., Defendants, and Williamsville Central School District, Respondent

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

July 12, 1996


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. The injuries sustained by plaintiff's daughter were the result of the unanticipated actions of another student. The intervening acts of that student, not the alleged negligence of the attendance officer, were the proximate cause of the injuries sustained by plaintiff's daughter (see, DeMunda v Niagara...

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