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SHOEMAKER v. WHITNEY POINT CENTRAL SCHOOL DISTRICT

299 A.D.2d 719 (2002)

750 N.Y.S.2d 355

JEFFREY SHOEMAKER, Individually and as Parent and Guardian of JEREMY SHOEMAKER, an Infant, Respondent, v. WHITNEY POINT CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided November 21, 2002.

Mercure, J.

Plaintiff brought this action to recover for injuries sustained by his son, Jeremy Shoemaker, during a December 20, 2000 altercation with a fellow student on the playground of Whitney Point Middle School in the Town of Whitney Point, Broome County. Following joinder of issue and discovery, defendant moved for summary judgment dismissing the complaint upon the ground that it was not negligent in its supervision...

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