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BUSBY v. TICONDEROGA CENTRAL SCHOOL DISTRICT

258 A.D.2d 762 (1999)

684 N.Y.S.2d 709

WAYNE A. BUSBY, Individually and as Parent and Natural Guardian of JEREMY BUSBY, an Infant, Respondent, v. TICONDEROGA CENTRAL SCHOOL DISTRICT, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided February 11, 1999.

Mikoll, J.P.

On June 24, 1993, 14-year-old Jeremy Busby was "suckerpunched" in the head by a fellow student, third-party defendant Robert Fleury, Jr., while boarding a school bus in front of a high school belonging to defendant Ticonderoga Central School District (hereinafter the District). Busby initially appeared to suffer only mild soreness from the blow, and for several hours after the event engaged in ordinary activities...

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