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ROSE v. ONTEORA CENTRAL SCHOOL DISTRICT

52 A.D.3d 1161 (2008)

861 N.Y.S.2d 442

PATRICK ROSE, an Infant, by ARTHUR ROSE, His Father and Guardian, et al., Appellants, v. ONTEORA CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided June 26, 2008.

Carpinello, J.

At approximately 7:30 A.M. on the morning of November 22, 2004, 14-year-old plaintiff Patrick Rose (hereinafter plaintiff), who was in ninth grade, went to his homeroom class at defendant's high school. Finding the door unlocked, he proceeded inside. His homeroom teacher was not there. Shortly thereafter—between one to three minutes after arriving— plaintiff was involved in an incident with two other students resulting in an injury to...

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