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Baker v. Jewell

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 924 (N.Y. App. Div. 1996)

Opinion

July 12, 1996

Appeal from the Supreme Court, Erie County, Joslin, J.

Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. The injuries sustained by plaintiff's daughter were the result of the unanticipated actions of another student. The intervening acts of that student, not the alleged negligence of the attendance officer, were the proximate cause of the injuries sustained by plaintiff's daughter ( see, DeMunda v Niagara Wheatfield Bd. of Educ., 213 A.D.2d 975; Rock v. Central Sq. School Dist., 113 A.D.2d 1008).


Summaries of

Baker v. Jewell

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 924 (N.Y. App. Div. 1996)
Case details for

Baker v. Jewell

Case Details

Full title:ROBERT L. BAKER, as Parent and Natural Guardian of LAURA SUE BAKER, an…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1996

Citations

229 A.D.2d 924 (N.Y. App. Div. 1996)
646 N.Y.S.2d 479