DANNA v. SEWANHAKA CENT. HIGH SCH. DIST.


242 A.D.2d 361 (1997)

662 N.Y.S.2d 71

Kristen Danna, an Infant, by Her Mother and Natural Guardian, Jane Danna, et al., Respondents, v. Sewanhaka Central High School District, Appellant, et al., Defendants

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

August 25, 1997


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The infant plaintiff was injured as a result of an incident which occurred in a classroom at the appellant's school. While the 12-year-old plaintiff was waiting for her music class to begin, a fellow seventh-grade student, who was scheduled...

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