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HILTS v. BOARD OF EDUCATION OF GLOVERSVILLE ENLARGED SCHOOL DISTRICT

50 A.D.3d 1419 (2008)

857 N.Y.S.2d 291

DANIEL HILTS, Individually and as Parent of MISTY HILTS, an Infant, Respondent, v. BOARD OF EDUCATION OF GLOVERSVILLE ENLARGED SCHOOL DISTRICT et al., Appellants.

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

Decided April 24, 2008.

Malone Jr., J.

On January 9, 2002, then 10-year-old Misty Hilts (hereinafter the child) slipped and fell on the playground at McNab Elementary School in the City of Gloversville, Fulton County allegedly due to slushy conditions. The child's mother, a teacher's aide at the school, and Carol Edwards, the school nurse, responded to the scene and assisted her to the nurse's office. Thereafter, the child's mother decided to take her daughter to the emergency room and both...

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