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IN THE MATTER OF VITALE v. ELWOOD UNION FREE SCHOOL DISTRICT

19 A.D.3d 610 (2005)

797 N.Y.S.2d 540

In the Matter of NICHOLAS VITALE et al., Respondents, v. ELWOOD UNION FREE SCHOOL DISTRICT et al., Appellants.

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

June 20, 2005.

Ordered that the order is affirmed, with costs.

The appellants do not dispute that they had immediate notice of the infant petitioner's schoolyard accident, and actually interviewed eyewitnesses and prepared an accident report (see Matter of Hayes v Peru Cent. School Dist., 281 A.D.2d 794, 795 [2001]; Swensen v City of New York, 126 A.D.2d 499, 500 [1987]). Moreover, although the...

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