CONOLLY v. ST. JOHN'S UNIV.


176 A.D.2d 625 (1991)

Carol L. Conolly et al., Respondents, v. St. John's University, Appellant

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

October 22, 1991


Defendant St. John's University argues the personal injury action of its enrolled student, plaintiff Carol Conolly should be dismissed inasmuch as she assumed the risk of injury when she played in a school tennis match with knowledge that the court on which she was playing was defective. Plaintiff's affidavit, submitted in opposition to the motion to dismiss, indicates that to preserve her continuing entitlement to a scholarship, she was required to play in all University...

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