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PACELLA v. MASONE

262 A.D.2d 291 (1999)

691 N.Y.S.2d 557

LINDA PACELLA et al., Respondents, v. MICHAEL MASONE, Defendant and Third-Party Plaintiff-Appellant. EAST MEADOW UNION FREE SCHOOL DISTRICT, Third-Party Defendant-Respondent.

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

Decided June 1, 1999.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly denied the appellant's motion for summary judgment dismissing the complaint. There are issues of fact as to whether his actions were reasonable, as judged by the level of reasonable conduct to be expected from a child of like age, intelligence, and experience (see,...

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