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ROSSETTI v. BOARD OF EDUCATION OF SCHALMONT CENTRAL SCHOOL DISTRICT

277 A.D.2d 668 (2000)

716 N.Y.S.2d 460

JANET ROSSETTI, as Parent and Guardian of STEVEN ROSSETTI, an Infant, Appellant, v. BOARD OF EDUCATION OF SCHALMONT CENTRAL SCHOOL DISTRICT et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 16, 2000.

Mugglin, J.

This action seeks to recover compensatory damages for injuries to Steven Rossetti (hereinafter the infant), while in the exclusive care and custody of defendant Schalmont Central School District (hereinafter School District). The infant, seven years old at the time of the injury, is a spastic quadriplegic, unable to walk or speak, who spends the majority of his waking hours confined to a wheelchair. Defendant Rosalind Marshall

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