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HUDSON CITY SCH. DIST. v. UTICA MUT. INS. CO.

241 A.D.2d 641 (1997)

659 N.Y.S.2d 948

Hudson City School District, Respondent, v. Utica Mutual Insurance Company et al., Appellants. (And a Third-Party Action.)

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

July 10, 1997

Carpinello, J.

On October 19, 1987, then 10-year-old Joseph Cure was participating in a swim program conducted at Hudson High School in Columbia County when he fell, feet first, off a diving board into the pool. Patrick Maloy, one of two physical education teachers present at that time, saw Cure "just as his feet were going into the water off to the side of the diving board" and did not observe him hit his head on any portion of the pool or diving board...

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