GRUBER v. FAIRPORT SCH.


147 Misc.2d 545 (1990)

Michael W. Gruber, an Infant, by His Parent and Natural Guardian, Linda Gruber, et al., Plaintiffs, v. Fairport Central School District et al., Defendants.

Supreme Court, Monroe County.

May 23, 1990


Attorney(s) appearing for the Case

Osborn Reed Van de Vate & Burke (Jane B. Hopfinger of counsel), for Fairport Central School District, defendant. Robert J. Michael for plaintiffs. Barth Sullivan & Lancaster for Spearhead Industries, Inc., defendant.


D. BRUCE CREW III, J.

In this action, which arises out of an accident which occurred on the property of Fairport Central School District (hereinafter Fairport), the defendant Fairport moves for summary judgment on the ground that General Obligations Law § 9-103 immunizes it from liability for the injuries sustained by the infant plaintiff while sledding on its property. The plaintiffs cross-move to dismiss...

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