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LaVALLEY v. NORTHEASTERN CLINTON CENTRAL SCHOOL DISTRICT

520231

130 A.D.3d 1276 (2015)

13 N.Y.S.3d 696

2015 NY Slip Op 06187

MELISSA B. LaVALLEY, as Parent and Guardian of NICHOLAS J. LaVALLEY, an Infant, Respondent, v. NORTHEASTERN CLINTON CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided July 16, 2015.

Plaintiff commenced this action seeking to recover for injuries sustained by her son, Nicholas J. LaValley, when he was assaulted by Timothy Breyette, a fellow ninth grade student at the high school in defendant Northeastern Clinton Central School District. After joinder of issue and discovery, defendants moved for summary judgment dismissing...

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