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BELL v. BD. OF EDUC. OF THE CITY OF NEW YORK

90 N.Y.2d 944 (1997)

687 N.E.2d 1325

665 N.Y.S.2d 42

Scupella Bell, Appellant, v. Board of Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 16, 1997.

Attorney(s) appearing for the Case

Alexander J. Wulwick, New York City, and Pollack, Pollack, Isaac & DeCicco (Brian J. Isaac of counsel), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Timothy J. O'Shaughnessy and Kristin M. Helmers of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for consideration of issues raised but not determined on appeal.

On June 3, 1988, plaintiff's sixth grade class, along with five other fifth and sixth grade classes, attended a drug awareness fair at a park near the school.* Sponsored by defendant Board of Education and the...

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