GIVENS v. ROCHESTER CITY SCHOOL DISTRICT


278 A.D.2d 879 (2000)

718 N.Y.S.2d 916

ALEDIA GIVENS, Individually and as Administratrix of the Estate of STEPHNE J. GIVENS, Deceased, Respondent, v. ROCHESTER CITY SCHOOL DISTRICT, Appellant, et al., Defendants.

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

Decided December 27, 2000.


Order unanimously affirmed without costs.

Memorandum:

Contrary to the contention of defendant Rochester City School District, Supreme Court properly determined based on our decision in Givens v Rochester City School Dist. (262 A.D.2d 933) that the doctrine of primary assumption of risk is not applicable to this case. As we previously determined, plaintiff's decedent did not assume the risk of her injury as a matter...

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