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MARSHALL, JR. v. CORTLAND ENLARGED CITY SCHOOL DISTRICT

265 A.D.2d 782 (1999)

697 N.Y.S.2d 395

FREDERICK E. MARSHALL, JR., Individually and as Administrator of the Estate of MELISSA S. MARSHALL, Deceased, Appellant, v. CORTLAND ENLARGED CITY SCHOOL DISTRICT, Respondent, et al., Defendants.

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

Decided October 28, 1999.

Mercure, J. P.

This action arises out of the June 6, 1996 murder of plaintiff's daughter Melissa (hereinafter decedent) by defendant Matthew Covington. At the time of the incident, Covington and Melissa were both special education students in their senior year at Cortland Senior High School in Cortland County. The tragedy took place during the students' lunch period, outside the school buildings in a wooded area of the school property. The complaint alleges that defendant...

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