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Youngs v. Bay Shore Union Free School Dist

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 580 (N.Y. App. Div. 1999)

Opinion

February 16, 1999

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff testified at her deposition that she became involved in a fight with another student after she had been dismissed from school at approximately 2:45 P.M. on December 17, 1993. The fight occurred off school property. The plaintiff admittedly delivered the first blow. Bearing in mind the general principle that a student who removes himself or herself from school grounds may "`no longer look to the school district to protect him [or her]'" (Wenger v. Goodell, 220 A.D.2d 937, quoting Bushnell v. Berne-Knox-Westerlo School Dist., Sup Ct, Albany County, Dec. 17, 1985, Hughes, J., slip opn, at 4, affd 125 A.D.2d 859; see also, Phillipe v. City of N.Y. Bd. of Educ., 254 A.D.2d 339; Reed v. Pawling Cent. School Dist., 245 A.D.2d 281; Silver v. Cooper, 199 A.D.2d 255), we conclude that the Supreme Court properly granted summary judgment dismissing the complaint.

Miller, J. P., Ritter, Altman and McGinity, JJ., concur.


Summaries of

Youngs v. Bay Shore Union Free School Dist

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 580 (N.Y. App. Div. 1999)
Case details for

Youngs v. Bay Shore Union Free School Dist

Case Details

Full title:SHANTIA YOUNGS et al., Appellants, v. BAY SHORE UNION FREE SCHOOL…

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

Date published: Feb 16, 1999

Citations

258 A.D.2d 580 (N.Y. App. Div. 1999)
686 N.Y.S.2d 444

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