DAVID XX. v. SAINT CATHERINE'S CENTER FOR CHILDREN


267 A.D.2d 813 (1999)

699 N.Y.S.2d 827

DAVID XX., as Parent and Guardian of MICHAEL XX., an Infant, Respondent, v. SAINT CATHERINE'S CENTER FOR CHILDREN et al., Appellants.

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

Decided December 23, 1999.


Mikoll, J. P.

Plaintiff commenced this action to recover damages in consequence of the alleged sexual abuse of his six-year-old son, Michael XX., by Thomas YY., a 13-year-old fellow student at defendant Saint Catherine's Center for Children, a private school providing special education for emotionally disturbed children under a contract with defendant City School District of Albany. The abuse is said to have occurred over a six-week period in July to August 1994 while...

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