Perry v. Board of Education

Appeal from an order of the Supreme Court (Hummel, J.), entered December 1, 2005 in Ulster County, which granted defendants’ motion to dismiss the complaint at the close of plaintiffs case.

Flaintiff’s pickup truck was the second vehicle behind a stopped school bus at a designated school bus stop when it was rear-ended by another vehicle. He then commenced this negligence case against the local school district, alleging that it negligently designated the stop, and against the bus company, alleging that it negligently operated the bus by stopping at a “dangerous location.” During the course of…