STOUGHTENGER v. HANNIBAL CENTRAL SCHOOL DISTRICT

CA 11-00732.

90 A.D.3d 1696 (2011)

935 N.Y.S.2d 430

2011 NY Slip Op 9751

TORREY J. STOUGHTENGER, Appellant-Respondent, v. HANNIBAL CENTRAL SCHOOL DISTRICT et al., Respondents-Appellants.

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

Decided December 30, 2011.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of plaintiff's motion to strike the affirmative defense of primary assumption of risk and as modified the order is affirmed without costs.

Memorandum: Plaintiff's mother commenced this action on behalf of plaintiff seeking damages for injuries he sustained while participating in a wrestling unit in defendants' compulsory physical education class. At the time...

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