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McSHERRY v. HAWTHORNE SCH.

246 A.D.2d 517 (1998)

667 N.Y.S.2d 765

Melissa McSherry, Respondent, v. Hawthorne School, Defendant, and Massapequa Union Free School District No. 23, Appellant

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

January 12, 1998

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

The plaintiff, who was then 11 years old, was injured in March 1989 when she fell while practicing gymnastic maneuvers in the appellant's Hawthorne School gym. The plaintiff turned 18 on April 14, 1995, and on or about July 12, 1995, she filed a notice of claim. The plaintiff commenced...

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