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WALSH v. CITY SCH. DIST. OF ALBANY

237 A.D.2d 811 (1997)

654 N.Y.S.2d 859

Kimberly M. Walsh, Individually and as Parent and Guardian of Johnathon E. Walsh, an Infant, Respondent, v. City School District of Albany, Appellant

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

March 13, 1997

Casey, J.

Johnathon E. Walsh, a first-grade student at Public School No. 27 in the City of Albany, and a classmate were permitted to go to the bathroom together. While there, Johnathon's finger became caught in the bathroom door, resulting in the amputation of his fingertip. Subsequently his fingertip was surgically reattached. Plaintiff commenced this action in negligence, individually and on behalf of Johnathon, alleging that defendant was negligent...

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