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McDANIEL v. KECK

502903, 504292.

2008 NY Slip Op 06322

DONNA McDANIEL, Individually and as Parent and Guardian of ETHAN McDANIEL, an Infant, Appellant, v. NANCY KECK ET AL., Respondents, ET AL., Defendant. (And Two Third-Party Actions.)

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Jacobs & Jacobs, Stamford (Patrick J. Cannon of counsel), for appellant.

Petrone & Petrone, P.C., Buffalo (Mark Chieco of counsel), for Nancy Keck, respondent.

Costello, Cooney & Fearon, Syracuse (Nicole Marlow Jones of counsel), for Bronxville Elementary School, respondent.

Before: Mercure, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

LAHTINEN, J.

In February 2004, plaintiff's son (born in 1997) (hereinafter the child) poked himself in the right eye with a wire while on the premises of third-party defendant, Manhattan Country School Farm, in the Town of Roxbury, Delaware County and, tragically, he ended up later losing the eye. Manhattan, which is a private school and working farm, was the employer of the child's parents, and the school permitted employees to bring...

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