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MICCIO v. BAY SHORE UNION FREE SCHOOL DISTRICT

289 A.D.2d 542 (2001)

735 N.Y.S.2d 202

JOHN V. MICCIO et al., Appellants, v. BAY SHORE UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided December 31, 2001.

Ordered that the order is affirmed, with costs.

The infant plaintiff, John Vincent Miccio (hereinafter Miccio), was a student in a high school located within the Bay Shore Union Free School District (hereinafter the respondent). On June 18, 1996, after Miccio finished a final examination, he went to play basketball on the outdoor court at the high school. While Miccio was on the court, another student assaulted him. Several...

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