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New York Note Form

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5350 up versus Lake George counselor would you like any rebuttal time three minutes please your honor three minutes go ahead thank you I'm here today with Carla Williams Buettner who's worked on this case from the very beginning with me and is here to observe the argument and hopefully help me as much as you can okay this is a case that involves the scope of the duty of care owed by a defendant to a plaintiff who is involved in horseplay more specifically I think the question is whether in this case the plaintiffs voluntary assumption of the risk and the risk was inherent and it was an elevated degree of danger risk this is a child this is a this is a child who's too dated from his 12th birthday its school in a school however in terms of the school this is a summertime floor it's not it's not mandatory it's a voluntary program are you right in the situation where he wasn't being supervised where he had been let out of the classroo

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