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McAULEY v. VALLEY STREAM UNION FREE SCHOOL DISTRICT THIRTEEN

272 A.D.2d 592 (2000)

709 N.Y.S.2d 830

JANICE McAULEY, Individually and as Parent and Natural Guardian of JONATHAN McAULEY, an Infant, et al., Appellants, v. VALLEY STREAM UNION FREE SCHOOL DISTRICT THIRTEEN, Respondent.

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

Decided May 30, 2000.

Ordered that the order is affirmed, with costs.

It is well established that a school is not the insurer of the safety of its students, and it is only under a duty to exercise the degree of reasonable care that a parent of ordinary prudence would have exercised under comparable circumstances (see, Hauser v North Rockland Cent. School Dist. No. 1, 166 A.D.2d 553). When an injury results from the act of an intervening third...

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