DeMunda v. Niagara Wheatfield Board of Education
Appellate Division of the Supreme Court of the State of New York
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
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Lauricella v. Board of Education of City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1976
- James v. Gloversville Enlarged School DistrictAppellate Division of the Supreme Court of the State of New York · 1989
- Hanley v. HornbeckAppellate Division of the Supreme Court of the State of New York · 1987
- 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
- Danna v. Sewanhaka Central High School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
- Schrader v. Board of Education of Taconic Hills Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- Kennedy v. Seaford Union Free School District No. 6Appellate Division of the Supreme Court of the State of New York · 1998
- Malik v. Greater Johnstown Enlarged School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- 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.