Foster v. New Berlin Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Ingraham, J.), entered January 13, 1997 in Chenango County, which denied defendant New Berlin Central School District’s motion for summary judgment dismissing the complaint against it.
First-grader David Foster was injured on the playground at New Berlin Elementary School on January 6, 1993 chasing defendant Arthur Peek, a fellow student, because Peek had just pushed Foster’s brother. During the chase, Foster tripped and *881fell and Peek jumped on his leg. The five classes on recess at the time of the incident were being monitored by three teachers.…
2Cases cited10 opinions
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- Walsh v. City School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
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