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WEXLER v. VODAATH

226 A.D.2d 206 (1996)

640 N.Y.S.2d 555

Spencor Wexler, Also Known as Shimson Wexler, an Infant, by His Parent and Natural Guardian, Howard L. Wexler, et al., Respondents, v. Yeshiva Torah Vodaath, Appellant, et al., Defendants

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

April 16, 1996

In an action to recover for personal injuries sustained by the infant plaintiff when he was struck by a car on the street in front of appellant elementary school shortly after school dismissed four hours earlier than usual, issues of fact exist precluding summary judgment at this early stage of the proceedings, including whether the school notified the child's parents of the early dismissal or otherwise caused the child to "pass...

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