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NEU v. HEIM MIDDLE SCHOOL

262 A.D.2d 1040 (1999)

691 N.Y.S.2d 818

GARY A. NEU, as Parent and Natural Guardian of ERIC NEU, an Infant, et al., Respondents, v. HEIM MIDDLE SCHOOL et al., Appellants.

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

Decided June 18, 1999.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. Triable issues of fact exist whether plaintiff Eric Neu assumed the risks involved in participating in his school's extracurricular wrestling program, as measured against the background of his skill and experience (see, Benitez v New York City Bd. of Educ., 73 N.Y.2d 650

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