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DePIETTO v. LETTER

234 A.D.2d 258 (1996)

651 N.Y.S.2d 325

Michael DePietto et al., Appellants, v. Alan B. Letter, Defendant. (Action No. 1.) Michael DePietto et al., Appellants, v. West Islip Union Free School District, Respondent. (Action No. 2.)

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

December 2, 1996

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly found that at the time of the subject accident, the infant plaintiff was no longer in the custody or care of the West Islip Union Free School District (hereinafter the School District). Thus, the School District owed no further duty to him (see, Pratt v Robinson, 39 N.Y.2d 554, 560; Norton v...

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