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CONVEY v. RYE SCHOOL DIST.

271 A.D.2d 154 (2000)

710 N.Y.S.2d 641

MICHAEL T. CONVEY et al., Respondents, v. CITY OF RYE SCHOOL DISTRICT et al., Appellants-Respondents, and WENDY LAURA et al., Respondents-Appellants.

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

July 17, 2000.

Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Garden City (Kathleen D. Foley and Christine Gasser of counsel), for appellants-respondents.

Marshall Conway & Wright, P. C., New York City (Joseph J. Andriola of counsel), for respondents-appellants.

Clark, Gagliardi & Miller, P. C., White Plains (Lawrence T. D'Aloise, Jr., and Angela Morcone Giannini of counsel), for respondents.

O'BRIEN, J. P., JOY and FLORIO, JJ., concur.

OPINION OF THE COURT

H. MILLER, J.

On October 31, 1996, Ian Convey, a 16-year-old sophomore at Rye High School (hereinafter the School), was seriously injured when he was hit in the eye by an object, alleged to be a twig, thrown by a fellow student, the defendant Peter Laura. The incident occurred during lunch recess when the boys were on the school's front lawn throwing pine cones at each other in friendly horseplay. Ian and his parents subsequently commenced...

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