DeGALA v. XAVIER HIGH SCH.


203 A.D.2d 187 (1994)

610 N.Y.S.2d 270

Ceasar DeGala, an Infant, by His Father, Ceasar DeGala, Sr., Respondent, v. Xavier High School, Appellant

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

April 26, 1994


Questions of material fact remain as to whether the defendant school failed to protect plaintiff from "unassumed, concealed or unreasonably increased risks" regarding the wrestling practice drills (Benitez v New York City Bd. of Educ., 73 N.Y.2d 650, 658). Although plaintiff was an experienced wrestler, the record indicates that he was unfamiliar with a rule in the Athletic Association Wrestling Handbook that prohibited a student...

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