NOCILLA v. MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT


302 A.D.2d 573 (2003)

757 N.Y.S.2d 300

JOHN NOCILLA et al., Respondents, v. MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT, Appellant, et al., Defendant.

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

Decided February 24, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

In 1998 the infant plaintiff was a student at Newfield High School (hereinafter Newfield), a school within the Middle Country Central School District (hereinafter the District). On January 20, 1998, the infant plaintiff was in a hallway within Newfield when...

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