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MACCORMACK v. HUDSON CITY SCHOOL DISTRICT BOARD OF EDUCATION

51 A.D.3d 1121 (2008)

856 N.Y.S.2d 721

KAREN MACCORMACK, Individually and as Parent and Guardian of BRYAN MACCORMACK, an Infant, Respondent, v. HUDSON CITY SCHOOL DISTRICT BOARD OF EDUCATION et al., Appellants, and BJ CANTELE et al., Individually and as Parents of JAMES CANTELE, an Infant, Respondents.

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

Decided May 1, 2008.

Malone Jr., J.

On May 12, 2004, Bryan MacCormack and James Cantele were freshmen at Hudson High School in Columbia County. During the preceding weeks, they had a minor altercation in the cafeteria and Cantele allegedly threatened MacCormack with physical violence. On the date in question, the two had a verbal exchange while they were ascending the stairs which culminated in Cantele striking MacCormack in the face and causing him to lose two teeth. Plaintiff, MacCormack...

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