Hatlee v. Owego-Apalachin School District

OPINION OF THE COURT

Richard F. Kuhnen, J.

Motion by defendant to dismiss the complaint under CPLR 3211 (subd [a], par 7) for failure to state a cause of action or for an order under CPLR 3212 for summary judgment.

The complaint, by a nine-year-old boy and his parents, asks for damages based on illness suffered by the boy from chewing a piece of unwrapped mud-covered gum which he found on the floor of a school bus while being transported to school in the morning. The gum is alleged to have been "coated with phencyclidine (PCP), better known as 'Angel Dust,’ a dangerous and potentially lethal…