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ERNEST v. RED CR CENT SCHOOL

93 N.Y.2d 664 (1999)

717 N.E.2d 690

695 N.Y.S.2d 531

KIM ERNEST, Individually and as Parent and Natural Guardian of CHRISTOPHER KNOPP, an Infant, Appellant, v. RED CREEK CENTRAL SCHOOL DISTRICT et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided July 8, 1999.

Attorney(s) appearing for the Case

Zecher, Capacci, DeValk & Hendricks, P. C., Sodus (Richard L. DeValk of counsel), for appellant.

Bond and McDonald, P. C., Geneva (Mark M. McDonald of counsel), for Red Creek Central School District, respondent.

Osborn, Reed & Burke, L. L. P., Rochester (Jeffrey M. Wilkens and Christian C. Casini of counsel), for County of Wayne, respondent.

Trevett, Lenweaver & Salzer, P. C., Rochester (Peter A. Jacobson of counsel), for Town of Wolcott, respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

LEVINE, J.

On April 2, 1990, nine-year-old Christopher Knopp was dismissed from his second grade class at Cuyler Elementary School, which is part of Red Creek Central School District. When he attempted to cross Westbury Road, the Wayne County highway in the Town of Wolcott where the school is located, he was hit by a truck and severely injured. We must decide whether plaintiff submitted sufficient evidence to present triable issues on...

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