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MORBILLO v. BOARD OF EDUCATION OF MT. SINAI SCHOOL DISTRICT

269 A.D.2d 506 (2000)

703 N.Y.S.2d 241

JOSEPH MORBILLO, an Infant, by His Father and Natural Guardian, ALPHONSE MORBILLO, et al., Respondents, v. BOARD OF EDUCATION OF MT. SINAI SCHOOL DISTRICT et al., Appellants.

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

Decided February 22, 2000.

Ordered that the order is affirmed, with costs.

On October 23, 1993, the infant plaintiff, a spectator at the Homecoming Parade of the Mt. Sinai Union Free School District and its Board of Education (hereinafter collectively referred to as the school district), observed students handing out lollipops from one of the homecoming floats, a decorated flat-bed tow truck. The infant plaintiff approached the moving vehicle, obtained a lollipop from one of the students on...

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