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SMITH v. SHERWOOD

No. 20

16 N.Y.3d 130 (2011)

VIRGIL SMITH, Individually and as Parent and Natural Guardian of DEREK SMITH, Respondent, v. HAZEL E. SHERWOOD et al., Defendants, and CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, Also Known as CENTRO, INC., et al., Appellants.

Court of Appeals of New York.

Decided February 15, 2011.

Attorney(s) appearing for the Case

Machenzie Hughes LLP, Syracuse ( W. Bradley Hunt and Stephen T. Helmer of counsel), for appellants.

Kenny and Kenny, PLLC, Syracuse ( Michael P. Kenny and Erin K. Skuce of counsel), for respondent.

Steven B. Weingarten , Albany, for New York Public Transit Association, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

Defendant Central New York Regional Transportation Authority, also known as Centro, contracted with the Syracuse City School District to provide students in the District with bus transportation to and from various schools. Centro buses were public buses, not yellow school buses that are generally associated with the transportation of school students and are outfitted with specially designed safety equipment. The contract...

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