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EGGER v. ST. DOMINIC HIGH SCH.

238 A.D.2d 542 (1997)

657 N.Y.S.2d 85

Jason Egger et al., Respondents, v. St. Dominic High School et al., Appellants

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

April 28, 1997

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In November 1993 the infant plaintiff was a 16-year-old junior at the defendant St. Dominic High School (hereinafter St. Dominic) in Oyster Bay. During his first wrestling practice he allegedly suffered injuries when he was thrown to the floor by a teammate with whom he was paired. It is undisputed that the mat upon which the team was practicing was smaller...

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