MALIK v. GREATER JOHNSTOWN ENLARGED SCH. DIST.


248 A.D.2d 774 (1998)

669 N.Y.S.2d 729

Richard Malik et al., Individually and as Parents and Guardians of Jason Malik, an Infant, et al., Respondents, v. Greater Johnstown Enlarged School District, Appellant, and Daniel O'Donnell, as Parent and Guardian of Steven L. O'Donnell, an Infant, et al., Respondents

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

March 5, 1998


Mercure, J.

This action arises out of a March 22, 1993 incident involving students at Johnstown High School in Fulton County. While defendant Steven L. O'Donnell was walking in a school hallway during the school's "open lunch" period, he picked up a metal fragment (a portion of the "U" from a broken padlock) that another student had just dropped on the floor and impulsively threw it in the direction of the girls...

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