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NASH v. PORT WASH. UNION

2010-01198.

83 A.D.3d 136 (2011)

MARGUERITE NASH, Respondent, v. PORT WASHINGTON UNION FREE SCHOOL DISTRICT, Appellant. (And a Third-Party Action.)

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

Decided April 12, 2011.

Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale ( Gregory A. Cascino of counsel), for appellant.

Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, New York City ( Rhonda E. Kay and Richard M. Steigman of counsel), for respondent.

COVELLO, J.P., BELEN and LOTT, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

Introduction

The infant Stephen A. Nash (hereinafter the plaintiff), on whose behalf his mother, Marguerite Nash, commenced this action, sustained severe injuries as a result of an explosion that occurred in his high school's science laboratory. It is undisputed that the teacher assigned to supervise the plaintiff and another student departed from school premises, leaving the two students completely unsupervised...

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