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ROBERT J. SCHLECKER v. CONNETQUOT CENTRAL SCHOOL DISTRICT ISLIP (05/15/89)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1989.NY.45845 <http://www.versuslaw.com>; 541 N.Y.S.2d 127; 150 A.D.2d 548 May 15, 1989 ROBERT J. SCHLECKER, AN INFANT, BY ROSEMARIE SCHLECKER, HIS PARENT, ET AL., RESPONDENTS,v.CONNETQUOT CENTRAL SCHOOL DISTRICT OF ISLIP, APPELLANT, ET AL., DEFENDANT In an action to recover damages for personal injuries, the defendant Connetquot Central School District of Islip appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated March 17, 1988, which denied its motion for summary judgment dismissing the complaint as against it. Lawrence, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.


In an action to recover damages for personal injuries, the defendant Connetquot Central School District of Islip appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated March 17, 1988, which denied its motion for summary judgment dismissing the complaint as against it.

Lawrence, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.

In an action to recover damages for personal injuries, the defendant Connetquot Central School District of Islip appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated March 17, 1988, which denied its motion for summary judgment dismissing the complaint as against it.

Ordered that the order is reversed on the law, with costs, the motion is granted, the complaint is dismissed as against the appellant, and the action against the remaining defendant is severed.

 On March 4, 1983, shortly after the commencement of the school day at about 7:30 a.m., the defendant Byron Murtha, without first obtaining the required pass from his teacher, left the classroom, entered the hallway, and approached the plaintiff Robert J. Schlecker who was standing in front of ...


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