Legal Opinion

DeMunda v. Niagara Wheatfield Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1995No. Appeal No. 1PublishedCited by 9 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Plaintiff appeals from an order that granted defendant’s motion for summary judgment dismissing the complaint. Plaintiff sought damages for injuries his daughter received when a fellow student struck her face during a brief fight while students were boarding a bus at her school.

The fight between plaintiff’s daughter and the student was a brief, spontaneous occurrence; there was no opportunity for defendant’s bus driver to intervene on the daughter’s behalf (see, Hanley v Hornbeck, 127 AD2d 905, 906-907; cf., Mirand v *976City of New York, 190…

2Cases cited7 opinions

  1. Mirand v. City of New YorkNew York Court of Appeals · 1994
  2. Lauricella v. Board of Education of City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1976
  3. James v. Gloversville Enlarged School DistrictAppellate Division of the Supreme Court of the State of New York · 1989
  4. Hanley v. HornbeckAppellate Division of the Supreme Court of the State of New York · 1987
  5. Mirand v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Danna v. Sewanhaka Central High School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
  2. Schrader v. Board of Education of Taconic Hills Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
  3. Kennedy v. Seaford Union Free School District No. 6Appellate Division of the Supreme Court of the State of New York · 1998
  4. Malik v. Greater Johnstown Enlarged School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
  5. Thomas v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2002

4 more not listed; retrieve them via the Exa API.

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