ROTHBARD v. COLGATE UNIV.


235 A.D.2d 675 (1997)

652 N.Y.S.2d 146

Richard Rothbard, as Parent and Guardian of Jason Rothbard, an Infant, et al., Appellants-Respondents, v. Colgate University et al., Respondents, and Alumni Association of the Colgate Chapter, Beta Theta of Beta Theta Pi, Inc., Respondent-Appellant

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

January 9, 1997


Casey, J.

Plaintiff Jason Rothbard (hereinafter plaintiff) sustained serious injuries when he fell from the second floor of defendant Beta Theta Pi fraternity house at defendant Colgate University in the Village of Hamilton, Madison County. At the time of his fall, plaintiff was a sophomore at the university and a member of the fraternity. Plaintiff's room at the fraternity house had a window which was centered over the curved portico above the front...

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