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PITNER v. BRENTWOOD UNION FREE SCH. DIST.

254 A.D.2d 340 (1998)

678 N.Y.S.2d 665

Shenequa Pitner, an Infant, by Her Mother and Natural Guardian, Robbie Pitner, et al., Respondents, v. Brentwood Union Free School District, Appellant, and Maritza Acevedo, an Infant, by Her Mother and Natural Guardian, Efrain Acevedo, et al., Respondents

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

October 13, 1998

Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, and the complaint and all cross claims insofar as asserted against the appellant are dismissed.

The infant plaintiff was injured in a fight with another student at a middle school within the school district of the appellant, Brentwood Union Free School District. The fight occurred in the hallway at the school as the students were going

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